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USA Visa Extension Guide

The U.S. Department of State issues nonimmigrant visas to foreign nationals who plan to stay in theUnited States temporarily. Different nonimmigrant categories haveanother period.Foreign nationals used to be provided with a paper form I-94, Arrival,and Departure Record,upon theiradmission to the United States. It showed the date ofentry, the class ofaccess,and the admitted-untildate.U.S. Customs and Border Protection have automated the Form I-94 arrival/departure record. It canbe used at sea and air ports of entry.The electronic system will generate ... anelectronicarrival/departure record with all data elements fromthe paper form. An I-94 paper form will not be issued. Instead, you will begivena CBP admission stampwith your travel document.An I-94 paper copy willstill beavailable at land-border ports of entry.Your nonimmigrant statusand the legal length of your stay in the United States areshown on your I-94/I-94W or travel document. Theadmissionsstamp on your travel document, or the I-94/I-94W, showshow long you can legally remain in the United States. However, your nonimmigrant visa (if issued) doesnot. Based on the visa classification, a visa does not show when or how often you can apply foradmission to the United States.Weknow you might want to stay longer in the United States thanplanned. This guide explains how toextend your stay in America to continue the same activities you enjoyed when you were admitted.

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What's included?

  • B-1 Business Visa Extension of Stay information
  • B-2 Tourist Visa Extension of Stay information
  • The difference between Visa Extension and Extension of Stay
  • Step-by-Step instructions on visa extensions of stay
  • Sample letter to USCIS requesting an extension of stay in the United States
  • Filing instructions for Application to Extend/Change Nonimmigrant Status
  • Filing instructions for Affidavit of Support
  • Visa Extension of Stay Eligibility Information
  • List of Required Documents
  • Information on Filing Fees
  • Frequently Asked Questions (FAQs)
  • Directory of U.S. Consulates and Embassies
  • List of USCIS Offices Nationwide
  • Information on how to obtain the latest United States immigration forms

How can I find out if I'm eligible to extend my stay here in the United States of America?

In these cases, you can apply for a Visa extension:
  • You were legalized to enter the United States as an immigrant.
  • You have not done anything that would render you ineligible for an immigration benefit
  • You do not have to leave the United States to extend your status. A USCIS officer might decide that you need a new visa before you can.
  • For an extension of your stay, you can either submit a request by mail or file online via USCIS ELIS. (USCIS may allow late submissions in minimal circumstances.

IMPORTANT: If you are a citizen of one of the 41 Visa Waiver Countries (list of countries), you may qualify to enter the United States for up to 90 days visa-free. Download the “Visa Waiver Program Application Guide” for more information on how to start your application immediately. Most applicants receive their online Visa Waiver Confirmation within 5 minutes.

Can I apply for an extension if my visa or authorized stay has ended or is about to expire?

  • If your stay, as indicated on your Form I-94, Arrival-Departure Record, has expired, anyone can apply for an extension, but we rarely grant extensions.
  • If you feel you were prevented from filing your claim due to unforeseen circumstances beyond your control, please explain this in your application. Also, include any supporting documents.
  • Your stay, as shown on Form I-94, is close to expiring. Make sure to file your application before USCIS receives it.
  • You don't have to worry about your visa expiring. It simply allows you to come to the United States to make an application to enter. Your visa does not control the length of your stay. When you were admitted to the United States, you determined the size of your visit. This information is usually found on the Form I-94 you received when you were permitted.

How long does it take to process Form I-539?

We recommend that you file your notice at least 45 days before the expiration of your stay.

My stay will be extended if I file on time and am eligible for an extension of my visit.

A stay extension is not automatic. Before granting your request, we will review your situation, assess your circumstances, and consider the reasons for your extension. We will decide the length of your stay if we approve it. We will not grant an extension if the circumstances do not justify an extension.

What happens if I request an extension of stay, but USCIS does not decide before my I-94 expires?

Your lawful nonimmigrant visa status expires, and you are considered out of position. This applies even if your Form I-94 has been extended. The USCIS may defer removal proceedings until the petition is processed and USCIS has decided on your request to extend nonimmigrant status. DHS can still bring a removal action against you even if your application for status extension is pending. Although you may not be in lawful status, your application for an extension of status is still pending if it was submitted before the expiration date of your Form I-994. Depending on your class, you may still be allowed to work for your previous authorized employer while your extension application remains pending. This is if USCIS has received your application before the expiration of your Form I-94 and you have not violated your nonimmigrant status. When one of these events occurs, you may have to cease working immediately.
  • Your I-94 expires after 240 days
  • The USCIS has denied your extension request in its final decision.

Your application for an extension will be approved if it is based on the expiration date of your Form I-94. If you are pending, your status will be deemed lawful.

You may have to quit your job and leave the United States immediately if your application is denied. Any nonimmigrant visa you have in your passport granted in connection to your classification will be null. Once your visa has been canceled, you must apply for a new visa at the U.S. consulate within your country of residence (not in a third country).

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