Extension Of Stay
Why Do You Need to Extend Your Nonimmigrant Status?
A nonimmigrant
temporarily enters
the
What Does the Law Say?
The Immigration and
Nationality Act (INA) governs the admission of all people to the
Who is Eligible?
You may apply to extend
your stay if you were lawfully admitted into the
You may not apply to
extend your stay if you were admitted to the
(VWPP) - Visa Waiver
Pilot Program
D - As a crewman
C - As an alien in transit or in transit without a visa
K - As a fiancé of a U.S. citizen or dependent of a fiancé
S - As an informant (and accompanying family) on terrorism or organized crime
For the following categories of nonimmigrants, your employer should carefully read and file a Petition for Nonimmigrant Worker and any supporting documentation:
E - International Traders
and Investors
H - Temporary Workers
L - Intracompany Transferees
O - Aliens of Extraordinary Ability
P - Entertainers and Athletes
Q - Participants in International Exchange Programs
R - Religious Workers
TN - Canadians and Mexicans Under NAFTA
If you are in the following nonimmigrant categories, you should carefully read and complete an Application to Extend/Change Nonimmigrant Status and submit any required supporting documents:
A - Diplomatic and
other government officials, and their families and employees.
B - Temporary visitors for business or pleasure.
F - Academic Students and their families
G - Representatives to international organizations and their families and employees.
I - Representatives of foreign media and their families
J - Exchange Visitors and their families
M - Vocational Students and their families
N - Parents and children of the people who have been granted special immigrant status
because their parents were employed by an international organization in the United
States.
How Do My Spouse
and Child Apply to Extend Their Stay in the
If your employer files a Petition for Alien Worker for you, then your spouse and child must carefully read and complete an Application to Extend/Change Nonimmigrant Status and submit any required supporting documents to extend their stay. It is best to submit both forms at the same time.
If you are filing for your own extension, you may include your spouse and any unmarried children under the age of 21 in your application if you are all in the same nonimmigrant category. You may also include your spouse or children in your application if they were given derivative nonimmigrant status. This means that your spouse and children were given nonimmigrant visas based on your nonimmigrant status. For instance, if a student is given an F-1 "Academic Student" visa, then the spouse and child are given F-2 "Spouse and Child of an Academic Student" visas.
When Should I Apply?
The Law Office of
Paul B. Christensen recommends that you apply to extend your stay at least 45
days before your authorized stay expires, but the
What If My Authorized Stay Has Already Expired? (What If I Am Late Filing for an Extension?)
If you are late filing for an extension and your authorized stay has already expired, you must prove that:
The delay was due to extraordinary circumstances beyond your control;
The length of the delay was reasonable;
You have not done anything else to violate your nonimmigrant status (such as work without USCIS approval);
You are still a nonimmigrant
(This means you are not trying to become a permanent resident of the
and ˇ You are not in formal proceedings to remove (deport) you from the country.
How Can I Check the Status of My Application?
Click on the menu button to the left, labeled "Check Case Status" and enter your file number.
How Do I Get Another USCIS Form I-94 "Arrival/Departure Document" If the Original Was Submitted With the Application to Extend My Stay?
If your application for an extension is approved, you will be issued a replacement I-94 with a new departure date. If your application is denied, your original I-94 will be returned with a request for your immediate departure.