NO
need more details to answer this question. specify what kind of non immigrant visa are your talking about.
YES. If you do NOT have a valid visa to remain in the US, that alone is grounds for deportation. Given that the US does not currently keep track of whose visas have expired, however, there is some time leeway to find a solution to the problem of not having a valid residency visa. However, if you run afoul of law enforcement in any manner, and they bother to check your immigrant status, you can be deported solely for lack of a visa, even if you are never charged (let alone convicted) of any crime. Lack of a proper visa is itself a crime.
Recent changes by the Department of Justice allow for a non-citizen spouse of a US citizen to apply for a permanent resident visa EVEN IF THEIR CURRENT VISA HAS EXPIRED OR THEY ARE HERE ILLEGALLY. Once this application is made, the non-citizen does not have to leave the country while the application is being processed, and cannot be deported solely for lack of a valid visa. The non-citizen spouse will have to return to their home country to pick up the actual visa once it is granted, since they will need to re-enter the country on a valid visa to register that they are here legally.
Essentially, the new process is thus for the non-citizen spouse:
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