B1/B2 Extension

What does it mean to request an Extension of Stay?

When you enter the United States on a nonimmigrant visa, such as a business (B1) or tourist (B2) visa, you are typically granted a specific period of stay by the immigration officer (usually 6 months). If you wish to prolong your stay beyond the authorized period, you must apply for an extension using Form I-539.

How can I determine when my approved stay will end?

To find out the end date of your approved stay, you can access your I-94 record on the website: https://i94.cbp.dhs.gov/I94/#/recent-search. You will need to provide your full name, date of birth, and passport country and number.

Why is it necessary to extend my nonimmigrant status?

Extending your nonimmigrant status is essential to remain lawfully in the United States. Maintaining lawful status prevents deportation and is a requirement for future immigration benefits, including employment-based Green Cards.

Who is eligible for an Extension of Stay?

You may qualify for an extension of stay if:

You were lawfully admitted to the U.S. as a nonimmigrant.
The expiration date on your I-94 has not yet passed.
You have complied with all the terms and conditions of your current status.
You have followed all U.S. laws during your stay and have not engaged in any activities that would make you ineligible for an immigration-related benefit.
You intend to continue engaging in the same activities for which you were initially admitted and plan to return to your home country once your status expires. For instance, if you entered as a tourist, you must demonstrate your intention to continue engaging in tourist activities.

How do I apply for an Extension of Stay?

To apply for an Extension of Stay, you need to submit Form I-539, pay the required fees, and provide supporting evidence demonstrating your eligibility. Given the specific nature of documentary evidence required, it is advisable to seek the assistance of an attorney during this process.

Can I apply for an Extension of Stay after my authorized stay in the U.S. has expired?

It depends. If you fail to file for an extension of stay on time, USCIS may, at its discretion, excuse the delay if it was due to extraordinary circumstances beyond your control, such as those caused by COVID-19. You must thoroughly explain the circumstances in your application and provide documentary evidence.

How can my dependents apply for an Extension of Stay?

You can include your spouse and unmarried children under 21 years old as co-applicants in your extension application if they are currently in the same nonimmigrant status and if you are all requesting extensions for the same period of time.

How many times can I apply for an Extension of Stay?

There is no specific limit on the number of times you can apply for an extension. However, as you submit multiple extension requests, the scrutiny on your application may become stricter.

What are the fees for an Extension of Stay?

The current USCIS fee for an extension of stay is $370, along with an $85 biometric services fee for the applicant and each co-applicant.

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