If I fall out of status, can I still switch to L-1 later?

It is theoretically possible, but it tends to be very difficult. The L-1 requires a qualifying corporate relationship between the overseas entity and the U.S. entity, along with a managerial, executive, or specialized-knowledge role. On top of those inherent requirements, having accumulated unlawful presence in the country creates obstacles that weigh heavily in any immigration analysis.

The U.S. immigration system places significant weight on compliance with its rules, and irregular stays can generate admissibility bars. Depending on the circumstances, this may prevent reentry or adjustment of status for a period defined by law, and in many cases it forces the applicant to leave the country and apply for the visa at a U.S. consulate abroad.

• Unlawful presence can trigger bars to reentry or adjustment of status.
• A history of irregular stay tends to complicate the evaluation of a case.
• In several scenarios, the petition ends up having to go through a consulate outside the U.S.

Because the consequences vary depending on the length and circumstances of the irregular stay and may be updated over time, the safest course is to check the current rules with USCIS and evaluate your specific situation with a qualified specialist before making any decision.

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.