ImmigrationINFO: How to Extend my Visit in the U.S.

Dec 31, 2017 News

By Attorney Gail Seeram

Attorney Gail Seeram

In certain situations, when you travel to the United States on a tourist visa (B-1/B-2) you may want to extend your stay. As a B-1/B-2 tourist visa holder, you are allowed to temporarily enter the United States for a specific purpose such as business, study, or pleasure.

When you enter the U.S. on a tourist visa, a U.S. immigration inspector should have examined your passport and visa and then stamped you passport with your date of entry and date you must depart the U.S.

If you want to extend your stay in the United States, then you must ask for permission from the US Citizenship and Immigration Services (USCIS) before your authorized stay expires.

Proof that you are willing to obey U.S. immigration laws will be important if you want to travel to the United States as an immigrant or nonimmigrant in the future. If you break immigration laws, you may also become subject to removal (deportation) and bar from future entry into the U.S.

WHO IS ELIGIBLE?
You may apply to extend your stay if you were lawfully admitted into the United States with a nonimmigrant visa, your nonimmigrant visa status remains valid, and you have not committed any crimes that would make you ineligible. You must complete an application and pay filing fees if you wish to extend your status to stay longer than the date indicated in your passport.

The grant of an extension is not automatic and is determined on a case by case basis with USCIS reviewing the reason for the extension.

Please note, you must submit the application for an extension of stay BEFORE your current authorized stay expires. You must also keep your passport valid for your entire stay in the United States.

You may not apply to extend your stay if you were admitted to the United States in the following visa categories:

WT or WB – Visa Waiver Program (green Form I-94W)
D – As a crewman
C – As an alien in transit

TWOV – Transit Without Visa
K – As a fiancé of a U.S. citizen or dependent of a fiancé
S – As an informant (and accompanying family) on terrorism or organized crime

WHEN SHOULD I APPLY?

It is recommend that you apply to extend your stay at least 90 days before your authorized stay expires, but the USCIS Service Center must receive your application by the day your authorized stay expires.

WHAT IF MY AUTHORIZED STAY HAS ALREADY EXPIRED?

If you are late filing for an extension and your authorized stay has already expired, you must prove that:

The delay was due to extraordinary circumstances beyond your control;
The length of the delay was reasonable;
You have not done anything else to violate your nonimmigrant status (such as work without USCIS approval);
You are still a nonimmigrant (This means you are not trying to become a permanent resident of the United States. There are some exceptions.); and
You are not in formal proceedings to remove (deport) you from the country.

HOW DO I GET ANOTHER FORM I-94 “ARRIVAL/DEPARTURE DOCUMENT” IF THE ORIGINAL WAS SUBMITTED WITH THE APPLICATION TO EXTEND MY STAY?

If your application for an extension is approved, you will be issued a replacement I-94 with a new departure date. If your application is denied, your original I-94 will be returned with a request for your immediate departure.

For more information, contact Gail Law Firm:

Email: Gail@GailLaw.com

Phone: 1-877-GAIL-LAW or 407-292-7730

www.MyOrlandoImmigrationLawyer.com

FREE in-office consultation – FREE Live Chat

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