What is an Extension of Stay?
When you arrive in the United States under a nonimmigrant visa, such as a business (B1) or tourist (B2) visa, you may only stay for the time allowed by the immigration officer (usually 6 months). If you want to extend your stay, you must apply for an extension with Form I-539.
How do I know when my approved stay ends?
You can consult your I-94 on https://i94.cbp.dhs.gov/I94/#/recent-search.
You will need to enter your full name, date of birth, and passport country and number
Why do I need to extend my nonimmigrant status?
You need to extend your nonimmigrant status to stay lawfully in the United States. A lawful status prevents aliens from being deported and is also a requirement for future immigration benefits, such as employment-based Green Cards.
Who is eligible for Extension of Stay?
You may be eligible to extend your stay if:
You were lawfully admitted into the U.S. as a nonimmigrant;
The expiration date on your I-94 has not yet been reached;
You have complied with all the terms and conditions of your status
You have complied with all U.S. laws during your stay in the U.S. and have not committed any act that would make you ineligible to receive an immigration-related benefit
You intend to continue doing the same types of activities for which you were originally admitted and intend to return to live abroad once your status ends. For example, if you were admitted as a tourist, you have to demonstrate that you will continue doing touristic activities.
How do I apply for Extension of Stay?
You have to submit for I-539, pay the applicable fees, and submit the evidence proving you meet the conditions established. We recommend that you hire an attorney for this process as the documentary evidence is very specific.
Can I apply for Extension of Stay after my authorized stay in the U.S. has expired?
It depends. If an applicant fails to file an extension of stay on time, USCIS, in its discretion, may excuse the failure if it was due to extraordinary circumstances beyond their control, such as those that may be caused by COVID-19. The circumstances must be duly explained in the application with documentary evidence.
How do my dependents apply for Extension of Stay?
You may include your spouse and your unmarried children under 21 years of age as co-applicants in your application for the same extension or change of status, but only if you are all now in the same status and if the extensions are requested for the same period of time.
How many times can I apply for Extension of Stay?
There is no specific number of times one can apply for an extension. However, as one applies for multiple extensions, the scrutiny on the application will become stricter.
What is the fee for an Extension of Stay?
The current USCIS fee for an extension of stay is $370 plus an $85 biometric services fee for the applicant and each co-applicant.