If you are in the United States on a nonimmigrant visa and end up needing to stay longer than you originally planned, you may be wondering whether you can extend your stay. You can apply for a visa extension even if you are still in the U.S. Continue reading and work with a temporary visas immigration lawyer in New York City to learn more about your extension options.
What Types of Visas Can Be Extended?
A visa extension allows foreign individuals to remain in the United States past the date that was originally listed on their visa. However, it is important to keep in mind that the United States government issues a wide variety of types of visas and not all of them will be eligible for extensions. If you are in the U.S. with a nonimmigrant visa, you may be able to apply for an extension. This includes categories like tourism, business, student, worker, etc.
However, immigrant visas cannot be extended. The expiration date issued on your immigrant visa is the maximum amount of time the document is valid and you will not be eligible to apply for an extension.
Can I Apply for a Visa Extension if I’m Still in the U.S.?
Yes, you can apply for a nonimmigrant visa extension even if you are still in the United States, given that you meet the following.
- You were lawfully admitted into the United States as a nonimmigrant
- Your nonimmigrant visa status is still valid
- You haven’t committed any crimes that make you ineligible for a visa
- You haven’t violated the conditions of your admission to the country
- Your passport is valid and will be valid throughout the duration of your stay
How Can I Apply to Extend My Stay?
You can apply to extend your stay in various ways depending on the details of your circumstances. Depending on the type of nonimmigrant status you are seeking to extend, you will generally start with either Form I-129, the Petition for a Nonimmigrant Worker, or Form I-539, the Application to Extend/Change Nonimmigrant Status.
Navigate to the USCIS website and file Form I-129 along with the following documents.
- A copy of your passport
- Your personal information
- Your I-94 Arrival-Departure record
- A copy of your visa
- Copies of your last two pay stubs
- An official job offer
- Proof of qualifications
- Any other relevant documents
Or, navigate to the USCIS website and file Form I-539 along with the following documents.
- A copy of your passport
- Your personal information
- Your I-94 Arrival-Departure record
- A copy of your visa
- Evidence supporting your reason for extending or changing your status
- Any other relevant documents
After submitting your application to extend your stay, you may need to attend an interview with a USCIS officer, after which you will await the decision of whether or not your extension was approved. For more information and legal advice during this process, reach out to an experienced immigration attorney today.
