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How to Extend Your Stay in the United States?

How is the period of stay in the United States recorded?

Holders of non immigrant visas are entitled only to temporary stay in the United

States for specific purposes — such as business travel, study, or vacation. When

you enter the United States on a non immigrant visa, for example B-1/B-2, the

border control inspector places a stamp in your passport indicating the period

for which you are authorized to stay in the United States. As a rule, permission

is granted for up to 6 months.

Why is it necessary to extend one’s non immigrant status for a person who wishes to remain in the United States after the expiration of the authorized stay date?

Compliance with immigration laws is very important, as violation of them may lead to deportation or denial of entry on subsequent trips to the United States, whether under immigrant or non immigrant status. Moreover, a person with an expired non immigrant status will not be able to change their non immigrant status to any other non immigrant or immigrant status, except for spouses, parents, and unmarried minor children of U.S. citizens.

When should an application to extend the period of stay be filed?

Before the expiration of your authorized stay date in the United States. In exceptional cases, you may file for an extension of your status even after this date. In our practice, there have been cases where we helped people extend their stay in the United States even several months after the expiration of their authorized stay date.

Who is eligible to extend their period of stay?

You may file an application to extend your period of stay only if: a) you lawfully entered the territory of the United States on a non immigrant visa; b) your non immigrant status was valid and not fictitious (for example, if you entered on a student visa and, without a valid reason, did not begin studies, your status is not considered valid); and c) you have not committed any crimes on the territory of the United States. In addition, your passport must remain valid for the entire period of stay in the United States.

You will not be able to extend your period of stay or change your status in the United States if you arrived in the United States under the following visa categories:

VWP – under the Visa Waiver Program.
D – crew member of a transport vehicle.
C – alien in transit through the territory of the United States.
K – fiancé(e) of a U.S. citizen.
S – informant (and/or accompanying family members) regarding terrorism or organized crime.

How can a spouse and children extend their period of stay in the United States?

If your employer filed Form I-129 (Petition for a Non immigrant Worker) on your behalf, your family members — spouse and children — may extend their period of stay by filing Form I-539 and other required documents with USCIS. It is recommended to file both forms simultaneously.

If you are filing Form I-539 for your own extension, you may include your spouse and unmarried children under 21 in your application, provided that you and they hold the same non immigrant visa.

What can be done if you did not manage to file an application to extend or change your status within the established time frame?

If the authorized period of your stay has expired and you did not timely file the appropriate application for extension or change, you must provide evidence that:

The delay was due to circumstances beyond your control.
The length of the delay is reasonable.
You have not engaged in unlawful activity (for example, working illegally in the United States without permission from the Department of Homeland Security).
You have maintained non immigrant status (i.e., you are not attempting to obtain permanent resident status in the United States. However, there are some exceptions to this rule).
No formal deportation proceedings have been initiated against you in the United States.

Is it possible to appeal a USCIS decision if you disagree with it?

If your application for extension of stay or change of status is not approved, you will receive a letter explaining the reasons for the denial. Unfortunately, the law does not provide the right to appeal to higher judicial instances. However, you may file a motion to reopen or reconsider your case. A motion to reopen your case must contain new facts supported by witness testimony and/or documents. The documents are sent to the same office where your application was previously denied. A motion to reconsider may be filed if the prior decision contradicts the law or USCIS regulations.