Extending Your B1/B2 Visa

Shah Peerally Law Group PC

Extending your visitor, tourist or business visa while in the United States.

By Attorney Shah PeerallyWww.PeerallyLaw.comPhone (510) 742 5887

Entering on B1/B2 Visitor

Whenever you enter the United States on a multiple entry or single entry B1/B2 visa, you usually obtain an I-94 status at the airport.

The I-94 is usually for 3 months or 6 months.

The I-94 is what controls your stay not the Visa stamp on your passport.

What happens if you want to stay longer?

In order to stay longer that the time which was allocated on your I-94 form, you need to file for an extension of stay.

To file for an extension you should file by applying the form Form I-539, Application to Extend/Change Nonimmigrant Status. The form can be found on the uscis.gov website.

When can you file the extension?

You need to file the extension prior to the expiry of the I-94. Note that if you file after unless you have some “extraordinary circumstances”, your status will not be approved.

Note that proving extra ordinary circumstances is a very daunting task. As such it is recommended to file at least 60 days before expiry of the I-94

Sample Documents to be attached to the form I-539

Need a good explanation why you want to extend your stay.

Bank statements and/or form I-134 affidavit of support proving you have money to cover your expenses during your additional stay.

Documents proving non-immigrant intent such as property, letter of employment, etc.

Pay the appropriate fees.

Risks of filing for a B1/B2 extension.

If the extension is approved, you are eligible to stay. However if the extension is denied after the original I-94 expires, you start accruing unlawful presence.

Unlawful presence of more than 180 days can bar you from re-entry to the United States for a number of years.

In addition, if the extension is denied, there is a risk that the multiple entry visa stamp might be revoked by operation of law.

Possibility of Moving to other Visas

It is possible to move to other visas such as F1, H, etc. and even file for adjustment of status depending on your situation.

However, this slide is limited to extension under B1 visa or B2 visa. If you need help on moving to other visas call us

at (510) 742 5887.Information provided in those slides are purely educational. Do not act or

refrain to act solely on the information provided. No attorney-client relationship is created by these slides.