How to Apply for a Visa Extension in the USA
Visa Extension Application Price and Process
If you need to extend your US visa, there are extensions of visa requirements that need to be fulfilled on time, and there is a specific application and process that must be followed and completed to keep your eligibility status. The process will be easier if you have help from an experienced immigration lawyer who is experienced and knowledgeable about the complexities of the process. Understanding the process and following the required procedures is vital to your success when you want to extend your US visa.
What is a Visa Extension in the USA?
If you’re a nonimmigrant visa holder who wants a visa extension in the USA beyond the initial approved period, you have to apply for an American visa extension. To be eligible, you must have been lawfully admitted into the U.S. with a nonimmigrant visa and not have violated the conditions of your admission. The term nonimmigrant refers to foreigners who want to stay in the U.S. for a limited duration, usually for business, study, temporary work, or as a visitor.
Who is Eligible to Apply for a Visa Extension in the USA?
A nonimmigrant visa holder who is extending a visitor visa in the US must meet these eligibility qualifications:
- Have been lawfully admitted into the U.S. under a valid nonimmigrant visa.
- Currently have a valid nonimmigrant status.
- Have not violated the conditions of their admission or committed any acts that would make them ineligible for an extension.
- Not be subject to any mandatory departure conditions aside from the expiration of their current status.
Not all visa categories are eligible for extensions.
Which Documents Are Required for a Visa Extension?
- Form I-539, Application to Extend/Change Nonimmigrant Status: This form requests an extension of stay or a change to another nonimmigrant status.
- Filing Fee: A non-refundable fee is required to process Form I-539. As of April 2024, the fee is $470 by mail or $420 if you file online.
- Form I-94, Arrival/Departure Record: Include a copy of your most recent Form I-94, showing your current visa status and authorized period of stay. You can find your I-94 online if you don’t have it.
- Passport Copies: You will need copies of your valid passport, including all pages as well as blank pages. It should be valid for the entire time of the extended stay you are requesting.
- Proof of Financial Support: You should have enough money to cover your expenses during the extended stay. This can include bank statements, affidavits of support, or financial guarantees.
- Letter Explaining the Reason for Extension: Write a letter explaining why you are requesting an extension of your stay. Clearly state your reasons and provide any supporting evidence to support your request.
- Evidence of Ties to Your Home Country: To demonstrate your intent to return home after your extended stay, provide evidence of strong ties to your home country. This can include proof of employment, property ownership, family relationships, or other commitments.
Apply for an extension at least 45 days before your current authorized stay expires. Submitting a complete and accurate application with all necessary documents may prevent processing delays.
How Long Does It Take to Get a Visa Extension Approved?
Processing time for a visa extension in the USA varies based on the applicant’s current nonimmigrant status, the extension requested, and USCIS workload. Processing times range from 5 to 14 months. Use the USCIS Check Case Processing Times tool to check your estimated processing time.
What Happens If Your Visa Extension Is Denied?
An I-94 is an official record of your arrival and departure in the US that can be checked online. If your visa extension application is denied, the consequences depend on your Form I-94 expiration date and status:
- Denial Before I-94 Expiration: If your extension is denied before your I-94 expires, you remain in lawful status until the original expiration date, but you must depart the U.S. on or before that date to avoid any negative implications.
- Denial After I-94 Expiration: If the denial happens after your I-94 has expired, you’re immediately out of visa extension status and begin accruing unlawful presence.
Recommended Actions if Your Visa Extension Was Denied:
If your extension is denied and your I-94 has expired, leave the U.S. promptly to minimize the accrual of unlawful presence and potential reentry bans. Consult with a visa immigration lawyer to explore your options.
Cost of Applying for a Visa Extension in the USA
The US visa extension cost for filing Form I-539 with USCIS are:
- Online Filing: $420
- Paper Filing: $470
Fees are subject to changes, so consult with an immigration attorney or USCIS before submitting your application.
Rules for Staying in the United States During Visa Extension Processing
If you’ve properly filed Form I-539, you can stay in the United States during the period when USCIS is reviewing your case as long as you comply with the conditions of your current non-immigration status. Once your application has been approved, your extension will be effective from the expiration date of your period of stay, so there won’t be a lapse in status. But if your application is denied, you must depart the US immediately to avoid accruing unlawful presence.
A B1 visa extension allows foreigners to temporarily enter the US for business purposes. This allows people with a B1 visa to stay up to six months, and then they can apply for a visa extension. A work visa is different from a B1 visa because the employer drives the work visa process with a work visa and a work visa extension. It requires filing Form-I-129 instead of Form I-539.
What Happens If You Overstay Your Visa in the USA
Overstaying your visa puts you at risk of deportation due to unlawful presence. If you overstay your visa, it causes automatic visa cancellation. To reenter the U.S., you’ll have to apply for a new visa in your home country and wait for approval. Once you overstay your visa, you can’t apply for an extension of stay or change to another status.
If you’ve overstayed your visa for more than 180 days but less than one year, you could receive a three-year ban on reentering the U.S. If you have more than one year of unlawful presence, it can result in a ten-year ban. To avoid these penalties, be aware of your visa status and follow U.S. immigration laws.
Common Mistakes to Avoid When Applying for a Visa Extension
Applying for a visa extension in the United States requires careful attention to details to avoid delays or denials.
- Submitting incomplete or inaccurate information
- Failing to provide all supporting evidence or documentation.
- Missing deadlines
- Not preparing for interviews or answering questions clearly
How North County Immigration Can Help with Your Visa Extension
The legal team at North County Immigration is ready to help you navigate through the complex details of the US visa extension process. Our reputation for winning complex immigration cases and providing legal support is life-changing for our clients. You can trust us to provide you with professional expertise and guidance to extend your visa stay in the USA. Call us today to set up a consultation, and we can review your case.
By Anna M. Hysell
Ms. Hysell is the founding and managing attorney of North County Immigration. After graduating from law school at the University of Wisconsin and getting several years of experience, Ms. Hysell returned to her native Southern California to open an office in North San Diego County to serve clients from the Bay Area to the Mexican Border. She frequently speaks at law conferences, law schools, and workshops providing training to other lawyers. Ms. Hysell is committed to representing individuals with the resolve, compassion, ethics, and values she believes everyone deserves.