Legal Question in Immigration Law in Virginia

Visa Type A-3

For someone who is holding an expired A3 visa (house worker for an Embassy) but has a current I-94 in her passport, is that illegal? She has continually worked at the embassy residence all the time. It appears like she will loose her job due to pending transfer of the embassy official she is working for.

Is visa type A-3 like F-1, where the visa stamp could expire but as long as you continue to work at the same allowed place, and a current I-94, you are not considred illegal?

Additionally, what is the process if the same person who holds that A3 visa wants to change status to permanent resident. She recently married a green-card holder (the green card holder is currently applying for citizenship--recently did fingerprinting at INS). He is willing to petition for her.

Is it wise to apply for a change of status immediately or they should wait for the citizenship process to end? If they apply for this is it true she wont be able to work (assuming her current job ends in June)at another job or travel out of the US?


Asked on 4/15/05, 11:46 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Visa Type A-3

A person with an A-3 type visa holds this visa conditioned on the continued validity of the A-1 and/or A-2 principals who are(usually)her diplomatic employers. If the latter continue to be valid so will the former(A-3 type visa).

If the visa stamp itself has expired and the A-3 holder's I-94(arrival/departure record)specifies no mandatory exit date, the A-3 visa holder may continue with her previously approved work activities and continue in status. However, if the A-3 holder leaves the United States, she will have to reapply at an American consulate or embassy to have the A-3 visa renewed in order to return.

If the A-3 visa holder wishes to change her particular status, she must submit the appropriate papers to the United States Citizenship and Immigration Service(USCIS)and make application for an adjustment of her status.

The A-3 visa holder's husband may sponser her petition for an adjustment of status whether he

is a permanent resident or a citizen of the United States.(I am not aware of any particular advantage which accrues to the one who awaits for citizenship to be granted in the situation which you've described.)

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Answered on 4/16/05, 9:30 am


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