Honolulu, HI asked in Immigration Law for Hawaii

Q: Do I need to renew my 2B Visa with pending I-485 and upcoming expiration?

I am currently on a 2B Visa with a pending I-485 Adjustment of Status. My visa expires on April 14, 2025. USCIS last noted on January 30, 2025, that my application is under active review with nothing outstanding. Should I renew my visa even though I haven't received any further updates or have plans to travel before it expires?

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: Given that your I-485 Adjustment of Status is already filed and actively under review by USCIS, renewing your current 2B visa isn't mandatory if you're staying within the U.S. Your pending application allows you to remain legally in the country until USCIS makes a decision, even after your visa expiration date.

However, if you foresee any reason to travel internationally in the near future, it may be beneficial to renew or explore alternatives like obtaining advance parole. Without a valid visa or approved advance parole document, leaving the U.S. could risk abandoning your pending I-485 application.

If your plans involve staying in the country without international travel, it may be simpler and more cost-effective to rely on your pending application status rather than renewing your visa. Keep monitoring your USCIS account regularly for updates, and maintain open communication with your immigration attorney to avoid any surprises. Staying proactive in your situation will help ensure peace of mind during this waiting period.

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.