U.S. Visitor Visa Extension Fee & B-1/B-2 Visa Extension

If you have a visitor visa in the United States, you may need to extend your stay. You may need more time to complete a business project or a medical procedure is taking longer than expected. Whatever the reason, you may be eligible to apply for a visitor visa extension.

What Is an Extension of Nonimmigrant Stay?

A visitor visa is any nonimmigrant visa that allows you to stay in the United States for a limited time and under specific circumstances. Your B1 or B2 visa is valid for ten years, but you can only stay for six months consecutively.

When you enter the U.S. with your B1 or B2 visa, you will have a departure date listed on your I-94.

A U.S. visa extension is a petition to stay in the United States beyond the date issued on your current nonimmigrant visa. USCIS recommends filing for an extension at least 45 days before your authorized stay expires.

While the application is under review, you can stay in the United States. However, USCIS does not guarantee approval. If you receive a denial for your extension, you must leave the United States immediately to avoid being “out of status.” Being “out of status” can lead to deportation and affect your ability to return to the U.S.

Who Is Eligible for a U.S. Visa Extension?

To determine your eligibility for a U.S. visitor visa extension, you must:

• Hold a nonimmigrant visa and have legally entered the U.S.
• Maintain a valid nonimmigrant status.
• Continue to meet the eligibility criteria for your visa status.
• Not have engaged in any criminal activity or violated any admission conditions.
• Ensure your passport remains valid after the approval of the visa extension.
• Provide a legitimate for extending your stay.

Who Is Not Eligible for a U.S. Visa Extension?

You will not be eligible for a visitor visa extension in the United States if you:

• Participate in the Visa Waiver Program
• Serve as an informant on terrorism or organized crime (S visa)
• Hold a D nonimmigrant visa
• Travel with a C nonimmigrant visa (in transit through the U.S.)
• Transit through the United States without a visa (TWOV)
• Hold a K nonimmigrant visa (as a fiancé of a U.S. citizen or a dependent of the fiancé)

How to Apply for a U.S. Visa Extension of Stay

When you first obtain your visa, you will receive an I-94 date. The U.S. issues Form I-94, Arrival/Departure Record, to individuals entering the country, adjusting their status while in the U.S., or extending their stay.

Your visa does not show your length of stay; it only shows when you arrive and the number of times you may seek admission into the U.S. Only your I-94 form shows your departure date.

You will have a printed copy of your arrival/departure record in your passport or an electronic form that reads “Admit Until Date.” Applying for an extension of stay will change your departure or admissions record number.

To extend your I-94 date, you will complete Form I-539, Application to Extend/Change Nonimmigrant Status.

If you do not apply for an extension of stay and remain in the United States past your authorized stay date, you may be:

• Prohibited from re-entering the U.S. if you plan on returning in the future
• Removed/deported

How to Extend Visa in USA: Required Forms

The process of extending a visitor visa in the USA involves two forms: I-539 and I-94.

Form I-539

First, you must file Form I-539, Application to Extend/Change Nonimmigrant Status. The form must be carefully completed and signed before being sent to USCIS. An immigration attorney can help you complete all the sections correctly.

Visitor Visa Extension Fee – There is a $370 filing fee for Form I-539 and an additional $85 biometrics service fee. The USCIS uses biometric services for fingerprints, digital signatures, and photographs to confirm your identity. A biometrics appointment is not an interview and only takes 15 to 30 minutes.

General Requirements — When you submit your I-539 form, you must also submit evidence, including copies of your Form-194 and proof of financial support.

Additional evidence you need to include is different for every visa. You should only send original documents if requested by the USCIS. An English translation must accompany all non-English documents.

Some examples of required evidence include:

• Proof of your legitimate nonimmigrant status, such as your I-94 Arrival-Departure record.
• Proof of substantial ties to your home country, like property deeds, bank records, and proof of employment.
• Documentation proving you have maintained your nonimmigrant status since your arrival in the U.S. Documents may include lease agreements, utility bills, and pay stubs.)
• Financial documents demonstrating your ability to support yourself while in the U.S.(bank statements, investment records, or a letter from your employer)
• A written statement detailing your reason for requesting an extension and explaining your plans to leave the U.S. when the extended period ends
• For employees, you may need a letter from your employer detailing your employment terms, the need for an extended stay, and confirmation of continued employment.
• For medical reasons, you might submit a letter from a physician or medical facility explaining the medical condition and why you must stay in the U.S. for treatment.

We also encourage you to speak with your immigration lawyer for a more in-depth look at your requirements.

You have two options for filing your application for an extension of stay. First, you can apply for visa extension form I-539 online. You will need to set up a USCIS online account and will receive all information through your account.

The second option is to file by mail. Different filing addresses correspond to your “filing type” or the visa you are currently filing with. Check with USCIS for the filing locations for each visa type.

Form I-94 and Visa Approval

If your extension for a visitor visa is approved, you will receive a new I-94 card with a new departure date. We suggest you make copies of the approval letter and your I-94. You can use these documents as evidence to petition for your next visa.

Keep your former I-94 form as well. You may have to present your newly issued and previous forms when departing from the US.

Other Important Forms

• If your Form I-94 has been lost, destroyed, stolen, or tampered with, you can apply for a replacement I-94 card by filing Form I-102.
• Depending on your nonimmigrant status, your employer may need to file Form I-129, Petition for Nonimmigrant Worker, to extend your stay before your Form I-94 expires. The filing fee for Form I-129 is $460. We recommend you speak to your employer and immigration lawyer regarding specific requirements and length of stay.

B1 Visa Extension and B2 Visa Extension

The USCIS typically grants a B visa holder an extension of one to six months. The maximum amount of time you can extend on a B-1 visa is six months and a total of one year.

It is a common misconception that you are only allowed to file for an extension of stay if you are a B1 business visa holder or a B2 tourism visa holder. However, many visa holders have this option.

Nonimmigrant visa extension periods differ depending on your visa status. For example, H1-B visa holders can apply to extend for a maximum of six years (3 additional years), whereas O-1 visa holders may only have up to one year of an extension.

The Scott D. Pollock & Associates, P.C. team of attorneys can help you determine your extension time and additional steps that may be required.

How Long Does it Take to Process a Visa Extension Request?

Once you submit your Form I-539, you can expect to wait three to six months before receiving your approval or denial.

What If My Form I-539 is Pending and My I-94 Expires?

If you file for an extension before your I-94 expires and your application is still under review when your I-94 expires, you may stay in the U.S. for 240 days. If you have followed and continue following the terms of your status, you can wait until the USCIS approves or denies your application.

What Do I Do After I Am Approved or Denied?

Whether your visa extension request is approved or denied, there are essential steps you must take.

If Your Extension is Approved

1. Receive your new I-94: After approval of your visa extension, USCIS will send you a new I-94 card indicating your new departure date. Keep this document safe, as you may need it for future reference.
2. Comply with your new status: Ensure you understand and comply with the terms and conditions of your extended stay.
3. Prepare for departure: As your new departure date approaches, start preparing to leave the U.S. Overstaying your approved period can have serious consequences.

If Your Extension is Denied

1. Leave the U.S. promptly: If your visa extension request is denied, you must leave the U.S. immediately to avoid being “out of status.” Failing to do so could lead to deportation and future immigration problems.
2. Understand why it was denied: The USCIS will provide a denial letter explaining why your request was denied. Understanding these reasons is crucial so you can address them if you plan to reapply.
3. Consult with an immigration attorney: If your visa extension is denied, it might be beneficial to speak with an immigration attorney to understand your options and plan your next steps.

What if the USCIS Received My I-539, but I Leave Before a Decision is Made?

You must keep a copy of your application and the receipt notice. If you do not show these forms to the Immigration Inspector when you return to the U.S., re-entry may be denied.

How Do I Avoid Common Pitfalls During The U.S. Visa Extension Process?

Ensuring a smooth U.S. visa extension process requires careful preparation and attention to detail. Here are some common pitfalls and how to avoid them:

• Not filing on time: Submit your application at least 45 days before your current authorized stay expires. Waiting until the last minute can lead to complications or denial of your request.
• Incomplete documentation: Ensure you provide all necessary documents and make copies of everything you submit. Incomplete applications can result in a delay or denial.
• Failure to pay the correct fees: Ensure you pay all required fees, including the filing fee for Form I-539 and the biometrics services fee.
• Misunderstanding the difference between visa and authorized stay: Remember, the expiration date on your visa is different from your authorized stay length. The visa allows you to travel to a U.S. port of entry and request permission to enter. The authorized stay duration is on your I-94 Form.
• Failure to maintain legal status: Ensure you abide by the conditions of your current visa status. Any violation can jeopardize your extension request and result in immediate deportation.
• Incorrect filing address: The correct address to send your application depends on your current visa type. Check the USCIS website or consult an immigration attorney to verify the correct filing address.
• Inadequate proof of financial support: You must demonstrate that you can cover your expenses for your extended stay in the U.S. Ensure you provide bank statements or other financial records to prove this.
• Lack of a compelling reason for extension: You need to explain why you need to extend your stay in the U.S. Make sure your reasons are valid and well-documented.
• Overlooking the need for an attorney: Immigration law is complex and nuanced. An immigration attorney can help you navigate this process more smoothly, ensuring you have completed all forms and met all requirements.

Contact Chicago Immigration Lawyers

At Scott D. Pollock & Associates, P.C., our experienced immigration lawyers are here to help you apply for your visitor visa extension application. Working with an immigration attorney can help you navigate the complexities of extending your stay in the United States. If you have any questions about the process, please contact us. We look forward to hearing from you!

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