USCIS recently issued a policy update (August 1, 2025) confirming something that has always been true under immigration law: if your visa status expires and you’ve filed a green card, asylum, or other application, you are in a
“period of authorized stay”
— but
not
in valid immigration status. You can read the update here:
USCIS Policy Manual – Family-Based Immigrants
What does that mean?
When you file a green card (Form I-485), a change of status, extension, or another immigration application, USCIS allows you to remain in the United States while they review your case. During this time:
- You are not accruing unlawful presence
- You are in a period of authorized stay
- But you are not in valid status unless your underlying visa is still active
That distinction matters because, legally, someone out of status can be placed in removal proceedings.
Should I be worried?
Not necessarily.
Yes, USCIS is now formally acknowledging that ICE
can
place someone in removal even if they have a pending application, but in
our experience
, this is not something that happens to people with clean records and strong cases.
At KAZA Law,
we have not seen clients placed in removal proceedings simply for being out of status
while their green card, VAWA, asylum, or other case is pending —
unless
there is an additional issue such as:
- Criminal arrests
- Prior removal orders
- Fraud
- Unlawful entry after a deportation
So while this update reflects what’s always been technically true, it doesn’t mean that pending applicants should panic. We believe in giving our clients the full picture — without creating unnecessary fear.
What should you do?
- Stay on top of your case: Make sure you respond to USCIS notices and check your status regularly.
- Avoid risk: If you’re out of status, be cautious about travel and contact with law enforcement.
- Talk to a lawyer: Especially if your visa has expired or your case has complexities.
If your application is strong and you’ve had no legal issues, this update doesn’t change much in practice. But it’s a good reminder that pending cases don’t grant legal status, and that it’s important to work with a legal team that stays on top of policy changes like this one.
If you have questions or concerns, KAZA Law is here to guide you.
Book a free consultation with Kaza Law
today, and let’s protect your case and your loved ones’ future.
My name is Daven Ghandi, and I’m a U.S. immigration lawyer and the founder of KAZA Law. In this article, we discussed the challenges and limited options for obtaining a green card while on a tourist visa. If you’re considering adjusting your status or have questions about family-based sponsorship, employment-based petitions, or other immigration pathways, it’s essential to understand the complexities involved. If you need personalized advice or have any immigration-related concerns, I encourage you to schedule a free consultation by clicking this link.
Kaza Law PLLC
This article is general education, not legal advice. Every case turns on its specific facts. If you want guidance on your own situation, reach out and we will look at it with you.