If I fall out of status during the EB-2 NIW process, can I face consequences?

This is not a matter of criminal punishment, but falling out of status carries real immigration consequences and should be taken seriously. Maintaining valid status throughout the process, including during an EB-2 NIW petition, matters precisely because gaps can create obstacles in your own case.

Being out of status means remaining in the country without valid authorization, which can lead to the accumulation of unlawful presence. This is not a fine, but rather a risk that can make reentry into the United States more difficult and complicate a potential adjustment of status down the road.

One point worth understanding clearly: having an EB-2 NIW petition in progress does not, by itself, regularize your stay. These are separate matters, and the impact of falling out of status depends heavily on the length of time and the specifics of each case.

For this reason, if you think your status may be at risk, the safest course is to seek specialized legal guidance and check the applicable rules directly with the USCIS before making any decisions, especially if you are considering leaving the country.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.