Extending one’s stay in the United States is a common concern for those who enter on a nonimmigrant visa and, for various reasons, need to stay longer than initially authorized.
The United States Citizenship and Immigration Services (USCIS) establishes a series of requirements and procedures that must be strictly followed to avoid immigration sanctions. The following are the requirements to extend your stay in the U.S.
Basic requirements to apply for the extension
To initiate the process and requirements to extend the stay in the U.S., it is necessary to complete Form I-539, also known as “Application to Extend or Change Nonimmigrant Status”.
Along with this document, the applicant must submit Form I-94, which is the entry and exit record, as well as a detailed explanation of the reasons justifying his or her additional stay in the country.
USCIS requires that the individual demonstrate sufficient financial solvency to support him/herself during the extra period of time requested.
Therefore, it is advisable to attach financial proof such as bank statements, letters from employers or documents that support the source of income.
Time to apply
A key aspect is the timing of the request.
USCIS recommends submitting the extension request before the expiration of the period of stay authorized on the Form I-94.
Otherwise, remaining in the United States in an irregular manner may result in serious consequences, such as a prohibition to return for a certain period of time or even deportation.
In addition, the timely filing of the application allows the person to maintain legal status while awaiting the decision of the immigration authorities.
Processing costs and fees
The procedure is not free of charge.
According to the USCIS, the fee to file a paper application is $470, while filing online costs $420.
These fees are non-refundable, even if the application is denied.
Accordingly, applicants are advised to carefully review the requirements and ensure that all conditions are met before submitting the form.
Who can apply for the extension
Not all persons entering the United States have the possibility of extending their stay.
The USCIS states that only those who were lawfully admitted on a nonimmigrant visa and maintain their current status may do so.
In addition, the applicant must comply with other important points:
Not having committed crimes that make him/her ineligible for a visa.
Not to have violated the conditions of admission.
Have a valid passport that continues to be valid for the time requested.
Categories excluded from the benefit
There are certain types of visas that do not allow for an extension of stay in the United States. Among them are:
Visa Waiver Program Participants.
Crew members with type D nonimmigrant visas.
Persons in transit with non-immigrant visa type C or in transit without visa (TWOV).
Fiancé(e)s of K visa U.S. citizens and their dependents.
S visa terrorist or organized crime informants and their accompanying family members.
In these cases, the stay must be strictly in accordance with the time authorized at the time of entry into the country.
Importance of justifying the request
The USCIS emphasizes that each case is evaluated on an individual basis, so it is essential to present solid evidence to justify the need to extend the stay.
Among the most common documents are study certificates, temporary work permits, medical letters or proof of procedures that require the applicant’s presence in U.S. territory.
In this way, the authorities may consider the application more favorably, provided that all other requirements are met.
Risks of non-compliance
Overstaying without filing an extension application can have serious immigration repercussions.
Among the most common are the cancellation of future visas, restrictions on entry into the country or even deportation proceedings.
Therefore, it is imperative that those who plan to apply for an extension do so well in advance and follow the guidelines established by the USCIS to the letter.
Filed under: Requirements to extend stay in the U.S.
This article was originally published in Nueva News.
