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| 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. |
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| 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. |
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| You may apply to extend your stay if: |
| 1) |
You have a valid legitimate reason to request for extension, under the visa category. |
| 2) |
You were lawfully admitted into the United States with a nonimmigrant visa |
| 3) |
Your nonimmigrant visa status remained valid |
| 4) |
You have not committed any crimes that make you ineligible for a visa |
| 5) |
You have not violated the conditions of your admission |
| 6) |
Your passport is valid and will remain valid for the duration of your stay. |
| 7) |
Your definite plans to leave U.S. at the end of the proposed extension period. |
| 8) |
Proper evidence for financial support is provided. |
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| Note : You may not apply to extend your stay if you were admitted to the United States in the following categories: |
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| 1) |
US Visa Waiver Program |
| 2) |
Crew member (D nonimmigrant visa) |
| 3) |
In transit through the United States (C nonimmigrant visa) |
| 4) |
In transit through the United States without a visa (TWOV) |
| 5) |
Fiancé of a U.S. citizen or dependent of a fiancé (K nonimmigrant visa) |
| 6) |
Informant (and accompanying family) on terrorism or organized crime (S nonimmigrant visa) |
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| Documents required for the extension: |
| 1) |
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. |
| 2) |
An application stating the reason for the requested extension. |
| 3) |
Proof of financial support during this extended stay. |
| 4) |
Copy of your return tickets as a proof of your temporary stay intentions. |
| 5) |
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. |
| 6) |
Copy of I94 of each applicant. ( Do not send the Original I94) |
| 7) |
Read instruction for Visitor Visa (B2) extension check list.[ Form M52] |
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| 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. |
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| 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. |
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| 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. |
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| You can check and track your case status online using case/receipt number. |
| Or call National Customer Service Center 1-800-375-5283 |
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| IIf 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. |
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| 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. |
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| Sample of approval letter of extension for I-539 |
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| 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. |
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| What if you overstayed ? |
| 1) |
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 |
| 2) |
You may not be allowed to enter into USA at the port of entry |
| 3) |
You may be deported if not leave on time. |
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| 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. |
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| 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. |
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