If you're in the United States on a B1/B2 nonimmigrant visa (you came as a tourist or for business) and want to stay longer, you can extend your visa. Here's how the process works; this information can also be helpful if you're planning a future visit to the USA.
If you entered the USA legally, you did so with a B1 (business) or B2 (tourist) visa. Both can be extended. To do so, you must complete Form I-539, but first you must meet the following requirements: requirements:
- You entered the U.S. on a nonimmigrant visa.
- You have no criminal record and have not committed a crime that violates your non-migrant status.
- Your stay has not expired. (This point is crucial)*
To know that your stay has not expired, do not look at the visa stamp: the date that matters is the one indicated on your I-94 Card.
I-94 What is it?
This is what the immigration officer gives you at the port of entry (the airport, for example). This document indicates the date you arrived and also the date you must leave the USA.
And when do I request my extension?
You must request an extension before the date indicated on your I-94 for leaving the USA; otherwise, your legal stay will have expired. It is best to do so 45 days in advance. If you do not, you will have to prove that:
Don't let it happen to you
If you allow your permitted stay in the USA to expire, you must prove that:
- The delay in submitting the request is reasonable and was due to unavoidable circumstances.
- You never violated the conditions of your visa (for example, if you are a tourist, you did not work).
- You remain a bona fide non-immigrant.
- You are not in deportation proceedings.