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Staying in the US Longer Than Expected? What You Need To Know.

At some point during their stay, some visitors to the U.S. decide they want to stay longer than what was allotted for on their original I-94 arrival-departure document. If you are a visiting the U.S. and want to stay longer, then you will need to apply for a visitor visa extension. Here’s what you should know before applying for a B2 visitor visa extension.

B2 Visitor Visa Extension Requirements:

  • You must have entered the U.S. lawfully on a nonimmigrant visa.
  • If you needed a passport when you were admitted into the United States, you need to maintain the validity of your passport while in the U.S.
  • If your passport is not valid when you file Form I-539, you will need to submit an explanation for the reason why.
  • You must have proof that you will be financially supported for the duration of your extended stay.
  • You must demonstrate proof that you will not stay past your extension.
  • You must have a legitimate reason to apply for a B-2 extension.
  • You must be admissible to the U.S.
  • You must not have committed a crime that disqualifies you from applying for a visa.

Applying for a B2 Visitor Visa Extension:

  • If you apply for the B-2 extension soon after entering the U.S, USCIS will assume that the extension was planned before entry. Therefore, it is advised not to apply for an extension within 3 months of your stay.
  • Its recommended that you apply for the extension 45 days prior to the I-94 expiration and no later than the I-94 expiration date.
  • You can request a maximum of 6 months for your extension.
  • If you have already been in the U.S. for 6 months, please note that you can only stay in the U.S for up to a year on the B-2.

After Applying for the B2 Visitor Visa Extension:

  • After applying for the extension, USCIS will send you a receipt number. You may use this to track the progress of your application.
  • If your I-94 expires before a decision about your extension is made, you will be considered “out of status”. However, your waiting time will not count as unlawful days in the United States
  • If your extension is approved, you will be issued a new I-94, indicating your new departure date (Hold on to your original I-94, since you will need both when you leave the United States.)
  • If your extension is denied, you will be asked to leave the U.S. immediately. (Usually you are given a 30 day grace period to leave the U.S.)

The immigration attorneys at Ervin Kibria can help you apply for your extension and improve the chances of it being approved.

Staying in the US Longer Than Expected? What You Need To Know. was last modified: July 8th, 2015 by Justin Ervin
Justin Ervin

Justin Ervin

Justin Ervin is a criminal defense and immigration attorney who practices in Northern Virginia.

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