Tag Archives: visa extension

How To Stay Beyond Your Visa Expiry

Many people who visit the United States on a non-immigrant visa wish to extend their stay beyond the period of time for which they have been authorized. However, staying beyond your visa limits without prior approval can have serious consequences and may even prevent you from receiving authorization to reenter the U.S. at a later date.

Persons holding a non-immigrant visa who wish to extend their visit should file an Application to Extend/Change Nonimmigrant Status (Form I-539) with the U.S. Customs and Immigration Services (USCIS) at least 45 days before the date their visa is set to expire.

Eligibility to Extend Nonimmigrant Visa

Only certain people are eligible to apply for an extension to a non-immigrant visa, including those who:

  • Entered the U.S. lawfully with a nonimmigrant visa
  • Hold current valid nonimmigrant visa status
  • Committed no crimes to become ineligible for a visa
  • Have not violated visa admission conditions
  • Hold a valid passport that will not expire during the proposed extension period

If you wish to extend your stay but do not qualify for extension based on the above criteria, you may wish to speak with a U.S. CIS agent to explore your options.

Overstaying Your Visa

If you overstay the date on your Arrival-Departure record, your visa status will expire and you will be classified as out-of-status. As a result, you may be ineligible to reapply for a visa in the future and therefore you may not be allowed to return to the United States. If you wish to stay in the country longer than your visa allows, it is important to plan accordingly and follow all immigration laws to prevent penalties or deportation.


Guest Post Author

James Witherspoon
Austin immigration attorneys

US Visa Extensions

In the United States, many visas for visiting the country come with restricted time lines, and you must leave the country before it expires or face deportation. However, sometimes a person may decide to stay longer in the U.S. before returning to his or her home country. In order to do so, though, it is important to file a visa extension, or change of status, so that you are not forcibly removed and possibly barred from entering the United States in the future.

To be eligible for a visa extension (i.e. H1B Visa Extension, E3 Visa Extension, etc.), you must meet several different requirements. For you to be considered for an extension, you can only apply if:

  • You entered the U.S. lawfully with a nonimmigrant visa
  • Your visa is still valid
  • Your passport is still valid and will remain so even during your extended stay
  • You have not committed any crimes that invalidate your visa
  • You have not violated conditions of your admission to the U.S.

If you meet these restrictions, you can file to extend your stay. Interestingly, you do not actually file for an extension. Rather, you can file to change your status with the U.S. Citizenship and Immigration Services, or USCIS. You use the Form I-539, Application to Extend/Change Nonimmigrant Status.

Some types of visas are not eligible for an extension. You may not file to lengthen your stay if you were admitted to the U.S. as one of the following:

  • A fiance or child of a person affianced to a U.S. citizen (K nonimmigrant visa)
  • Part of the Visa Waiver Program
  • Crew member (D nonimmigrant visa)
  • A traveler through the U.S. (C nonimmigrant visa)
  • A traveler through the U.S. without a visa
  • An informant of organized crime or terrorism (S nonimmigrant visa)

Guest Post Author

Garg & Associates
Orange County immigration