| Visitor Visa is a non-immigrant visa
issued to people entering U.S. temporarily for business
(B-1), or for pleasure/ medical treatment (B-2). These
are generally issued for a period of six months, but
an additional maximum extension of 6 months can be granted
based on the USCIS(INS) approval.
If you want to extend your stay in the United States, you must file a request with U.S. Citizenship and Immigration Services (USCIS) on the Form I-539, Application to Extend/Change Nonimmigrant Status before your authorized stay expires. If you remain in the United States longer than authorized, you may be barred from returning and/or you may be removed (deported) from the United States. Check the date in the lower right-hand corner of your Form I-94, Arrival-Departure Record, to determine the date your authorized stay expires. USCIS recommend that you apply to extend your stay at least 45 days before your authorized stay expires.
You may apply to extend your stay if:
- You have a valid legitimate reason to request for extension, under the visa category.
- You were lawfully admitted into the United States with a nonimmigrant visa
- Your nonimmigrant visa status remained valid
- You have not committed any crimes that make you ineligible for a visa
- You have not violated the conditions of your admission
- Your passport is valid and will remain valid for the duration of your stay.
- Your definite plans to leave U.S. at the end of
the proposed extension period.
- Proper evidence for financial support is provided.
Note : You may not apply to extend your stay if you were admitted to the United States in the following categories:
- US Visa Waiver Program
- Crew member (D nonimmigrant visa)
- In transit through the United States (C nonimmigrant visa)
- In transit through the United States without a visa (TWOV)
- Fiancé of a U.S. citizen or dependent of a fiancé (K nonimmigrant visa)
- Informant (and accompanying family) on terrorism or organized crime (S nonimmigrant visa)
documents required for the extension:
- Completed I-539
Form( PDF) Or File Online ( I-539 Online)
IF you decide to efile, here is TIPS and information for how to submit supporting documents. eFile - Supporting Document instructions.
- An application stating the reason for the requested
extension.
- Proof of financial support during this extended
stay.
- Copy of your return tickets as a proof of your temporary
stay intentions.
- Extension fee for the visitor visa which is $300. You may confirm it by calling
INS in future.If you applying for spouse and children
they are included in the same fee.
- Copy of I94 of each applicant. ( Do not send the
Original I94)
- Read instruction for Visitor Visa (B2) extension check list.[ Form M52]
When Should I Apply?
USCIS recommend that you apply to extend your stay at least 45 days before your authorized stay expires, but the USCIS Service Center must receive your application by the day your authorized stay expires.
What after filing the case?
Once you file the case, USCIS will send you a receipt
with a receipt number( 13 digit) This is your case number.
The approximate processing time will be indicated on
the receipt. It can take few weeks to several weeks
to process your case.
You are allowed to stay in the US for 240 days after the expiration date on your I-94, provided you have filed for extension of your stay before your I-94 expired and your application is still under review.
You can check and track
your case status online using case/receipt number. Or call National Customer Service Center 1-800-375-5283 If approved:
If your application for an extension is approved
you will be issued a replacement I-94 with a new departure
date. Make a copy of this approval letter and I-94 and
keep into your record, these will be useful for future entry to USA. You should
carry these when you make next US trip or appear for a fresh US visa
next time.
You can remain in USA up to until this new I-94 date. When you
leave USA, must submit both(old and new) I-94 to the airline staff
on check in counter.
Sample of approval letter of extension for I-539
If Denied:
If denied, you will receive a letter that will tell
you why the application was denied. You will then be required
to leave USA immediately.
What if you overstayed ?
- If you are a multiple entry visa holder and overstayed
your multiple entry visa Visa may becomes Void
under rule INA 222(g/2).
( Note this is not ways true that overstay means
Visa become Void, this may be the worst case, for
those who over stayed by many months etc.)
Read more info about INA 222g/2 rule:
- More
information at findlaw.com
- A
memo at immigrationlink.com
- You may not be allowed to enter into USA at the
port of entry.
- You may be deported if not leave on time.
Since the time taken for the approval is not known,
the best thing a person should do is to keep the travel
plan ready based on the original I-94 dates if you get
the approval its well and good , else should leave the
country. This way you keep your option to enter
into USA in future and avoid any legal problems.
No matter what is the result of the extension request
, you should always keep copy and proof of all paperwork and communication you
did with USCIS this will be useful for your future visa need for future US trip.
If my request to stay past my initial period of admission was denied by the CIS, how long do I have before I have to leave the U.S.?
The CIS generally allows you 30 days to depart the U.S. starting from the date on the letter notifying you of their decision to deny an extension. If you do not depart within 30 days, you will be considered deportable. The CIS cautions that if you are refused permission to extend your stay, you may encounter problems with Consulates overseas the next time you apply for a U.S. visa because their computer records will indicate that you did not leave the U.S. within the time frame of your initial period of entry. Be sure to keep your rejection letter and proof of the date of your departure (a boarding pass is the best thing, but passport stamps showing entry into another country is also helpful) to give the consulate the next time you apply for a new visa. Having those may mitigate your apparent overstay and could improve your chances of renewing your visa without the five year restriction usually applied to people that have overstayed their visit.
Source : US Custom dept website
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I want to extend my stay, Should I apply for Visa extension OR just go to Canada Or Mexico and re-enter, will I get anew I-94 with 6 months?
B1 and B2 visas are usually issued for a term of 10 years. Each visit may last up to six months, although some categories of visitors may apply to extend their visit for an additional 6 months. During your visit to the U.S., you may visit Canada, Mexico, or the Caribbean islands (not Cuba)for up to 30 days and re-enter the U.S. as long as you re-enter within the period noted on the Form I - 94 which you received when you first entered.
For instance, if you come to the U.S. on July 10, 2005 on a B2 Visitor Visa, you may go to Canada and/or Mexico on or after November 10, and reenter the U.S. any time up until December 10. But because the six month period is up on December 10, 2005, you will also have to depart from the U.S. on that same day to avoid being an "overstay" (unless you applied for an extension of stay.)
Read what official website says :
http://help.cbp.gov/cgi-bin/customs....hp?p_faqid=751
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Read information related to I94 and Visa at Dept of state website.
Note : IF you have got the extension approved, and received a approval, you will get a new I-94 attached to the approval letter. You must make a copy of this letter. When leaving USA you should give this new I-94 to the airline checking counter along with the old/earlier I-94.
Tips
- Do not apply for the extension immediately after arriving into USA, USCIS
officials might take it as a pre-planned act.
- Remember: The date of expiry of your stay limit
is the date on the I-94 form tag attached to your
passport, and not the date stamped on your visa.
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