CAN I EXTEND MY STAY IN THE U.S. ON A VISITOR VISA IF MY CIRCUMSTANCES CHANGE?

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Introduction

USA Visitor Visa is a non-immigrant US visa issued to people entering America 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 approval.

If you want to extend your I-94 date or extend your US visitor visa stay in the United States, you must file a request with the U.S. Citizenship and Immigration Services (USCIS) using a Form I-539, Application to Extend/Change Non-immigrant 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 for the dates online to determine when your authorized stay expires. USCIS recommends 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 a visa extension, under your visa category
You were lawfully admitted into the United States with a non-immigrant visa
Your non-immigrant US visa status remains valid
You have not committed any crimes that would make you ineligible for a visa
You have not violated the conditions of your admission to USA
Your passport is valid and will remain valid for the duration of your stay
You have definite plans to leave US at the end of the proposed visa extension period
Proper evidence for financial support is provided

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

Crew member (D, non-immigrant visa)
In transit through the United States (C, non-immigrant visa)
In transit through the United States without a visa (TWOV)
Visa Waiver program
Fiancé of a U.S. citizen or dependent of a fiancé (K, non-immigrant visa)
Informant (and accompanying family) on terrorism or organized crime (S, non-immigrant visa)

Documents Required for a US Visa Extension

Completed I-539 Form
An application stating the reason for the requested extension. See sample cover letter for visitor visa extension
Proof of financial support during the extended stay
Copy of your return tickets as a proof of your temporary stay intentions
Visitor visa (B1/B2) extension fee is $370. If you are applying for spouse and children, they are included in the same fee. There may be a biometric fee of $85.*
Copy of a I-94 for each applicant
Read instructions for Visitor Visa (B2) extension checklist (M-752)
Sample cover letter for US visa extension (sample purposes only)

When should I apply for a visa extension?

The USCIS recommends that you apply to extend your stay at least 45 days before your authorized stay expires. The USCIS Service Center must receive your application by the day your authorized stay expires.

What happens after filing your application?

Once you file the visa extension application, the USCIS will send you a receipt with a receipt number (13 digits). This is your case number. The approximate processing time will be indicated on the receipt.

You will also be given a biometrics appointment at your closest ASC in order to fingerprinted. This is applicable for the primary applicant as well as all co-dependents irrespective of age, including minors.

You may be 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 your visa extension case status online using your case/receipt number.

Or call the National Customer Service Center 1-800-375-5283.

If your visa extension is 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 your I-94 and keep them for your records. These will be useful for future entry into the USA. You should carry these when you make your next US trip or appear for a fresh US visa.

You can remain in the USA up until this new I-94 date. When you leave the USA, you must submit both (old and new) I-94 to the airline staff on check in counter.

See a Sample Visa Extension Approval Notice (I-539).

If your visa extension is denied:

If your visa extension application is rejected or denied, you will receive a letter that will tell you why the application was denied. You will then be required to leave the USA immediately, or as soon as your current I-94 is expired.

What if you overstayed on your US visa?

If you are a multiple entry US visa holder and have overstayed your multiple entry visa, your visa may become void under rule INA 222 (g)(2). You may not be allowed to enter into the USA at the port of entry, and you may be deported if you do not leave in a timely manner.

Since the time taken for the approval is not known, the best thing a person should do is to keep a travel plan ready based on their original I-94 dates. If you get the approval you are all set, otherwise you should leave the country. This way you can keep open your option to enter into the USA in future and avoid any legal problems.

No matter what the result is of your extension request, you should always keep a copy and proof of all paperwork and communication you had with the USCIS as this will be useful for your future visa needs for future US trips.

If my request to stay past my initial period of admission was denied by the USCIS, how long do I have before I have to leave the U.S.?

The USCIS 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 USCIS 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 timeframe 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.

How long you can stay after applying for visa extension?

If the USCIS receives your application before your status expires (or, in exception cases, excuse filing after your status expires due to circumstances beyond your control), and if you have not violated the terms of your status and meet the basic eligibility requirements, then you may continue your previously approved activities in the U.S. (including previously authorized work, for a period of up to 240 days), until they make a decision on your application or until the reason for your requested extension has been accomplished – whichever comes first.

What if I file on time for a visa extension, but I leave America before the USCIS makes a decision on my application?

If you leave the US before a decision is made on your application to extend and you plan to return to the U.S. in the future, please keep a copy of your application plus the receipt notice to show to the Immigration Inspector on your return travel to the U.S. Otherwise, you may be denied entry for overstaying on your last visit.

Tips

Do not apply for the extension immediately after arriving into the USA, as USCIS officials might take it as a pre-planned act.
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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