Legal Question in Immigration Law in District of Columbia

Re: End of A3 Status and How Best to Proceed

Although your visa A-3 may expire in a few days, what's important is what your I-94 (record of arrivals/departures) card indicates as to when you must leave the United States. If no date is specified, then as long as you continue your previously approved employment with your A-1 visa holder, you continue in status until you receive your "green card" even though your A-3 visa may have expired.

However, if you leave the country before receiving your permanent resident status, I believe that you will need to petition before you depart for something called advance parole approval from the USCIS in order to be able to gain reentry on your return to the States.

Also, while your permanent resident status is pending, you can apply for a work permit.

Re: End of A3 Status and How Best to Proceed

Pursuant to INA Section 101(a)(15)(A), as an A-3 visa holder, you are an attendant, servant, or personal employee of an A-1 or A-2, which is an ambassador, public minister, or career diplomatic or consular officer who has been accredited by a foreign government recognized de jure by the United States and who is accepted by the President or by the Secretary of State, and the members of the alien's immediate family or upon a basis of reciprocity, other officials and employees who have been accredited by a foreign government recognized de jure by the United States, who are accepted by the Secretary of State, and the members of their immediate families.

You may stay in the U.S. on A-3 visa as long as the Secretary of State continues to recognize the principal as a member of the diplomatic community and the principal continues to hire you as an attendant, servant, or employee. You may apply for a change of status by submitting a copy of your employer's USCIS Form I-94 or proof of current status and a letter from the employer describing your duties and verifying the intention to employ you personally.

However, you may be ineligible for adjustment to permanent resident status (green card) if you have an A type Visa (diplomatic status). This rule will not apply to you if you complete USCIS Form I-508 (I-508F for French nationals) to waive diplomatic rights, privileges and immunities. If you are an A nonimmigrant, you must also submit USCIS Form I-566.

To determine if you qualify for a green card and what procedural requirements, if any, you must meet, please telephone us for an in-depth consultation with one of our Attorneys at (212) 618-1830.