Extension of Status
Is it possible to extend my status in the United States?
For many classes of nonimmigrant visas it is possible to extend your stay by filing for an extension of status so long as you properly file your application and supporting documentation prior to the expiration of your current authorized period of stay.1 The I-94 card that was issued to you when you were admitted to the United States or when you obtained your status will normally dictate the period you are authorized to remain in the U.S.
How do I know if I am eligible to file for an extension of status in the United States?
You may apply for an extension of stay in the United States if:
• You were lawfully admitted into the United States as a nonimmigrant;
• You have not committed any act that makes you ineligible to receive an immigration benefit;
• There is no other factor that requires you to depart the United States prior to extending status (for example, a USCIS officer may determine that you should obtain a new visa prior extending your status); and
• You submit an application for an extension of stay before the expiration date on your Form I-94.
Your passport must be valid for your entire requested Period of stay in the United States.
Which visa categories may extend status?
- A-3 (Attendants, Servants, Personal Employees of Diplomatic and Government Officials and Immediate Family)
- B-1 and B-2 (Visitors for Business or Pleasure)
- E (Treaty Traders and Investors Dependents)
- G-5 (Attendants, Servants, Personal Employees of Foreign Government Officials and Immediate Family)
- H-4 (Temporary Worker Dependents)
- K-3 and K-4 (Spouse of U.S. Citizen and Minor Child Accompanying/ Following to Join)
- L-2 (Intracompany Transferee Dependents)
- M (Vocational Students and Dependents)
- N (Parents and Children of Certain People Who Have Been Granted Special Immigrant Status)
- NATO-7 (Attendants, Servants, Employees of NATO Representatives, Officials, Employees and Immediate Family Members)
- O-3 (Aliens With Extraordinary Ability Dependents)
- P-4 (Athletes and Entertainer Dependents)
- R-2 (Religious Worker Dependents)
- All “V”categories (Certain Second-Preference Beneficiaries)
- TD (TN Dependents)
- E-1 or E-2 (Treaty Traders and Investors)
- H-1B, H-2A, H-2B, or H-3 (Temporary Workers)
- L-1A or L-1B (Intracompany Transferee)
- O-1 or O-2 (Aliens with Extraordinary Ability)
- P-1, P-2, or P-3 (Athletes and Entertainers)
- Q-1 (International Cultural Exchange Visitors)
- R-1 (Religious Workers)
- TN-1 or TN-2 (Canadians and Mexicans under the North American Free Trade Agreement (NAFTA))
How do I apply for an extension of status?
Depending on your specific visa category you will need to file for an extension of status using either Form I-539 or Form I-129. In addition, it is extremely important to submit sufficient documentary evidence in order to better assure approval. All decisions concerning the extension of status are discretionary. We recommend you obtain the advice of a competent immigration attorney before proceeding.
The following visa categories may not be extended:
- C (Alien in Transit)
- D (Crewman)
- K-1 or K-2 (Fiancé(e) or Dependent of Fiancé(e))
- S (Witness or Informant beyond a total of 3 years)
- TWOV (Transit Without Visa)
- WT or WB (Visa Waiver Program—you would have been issued a green Form I-94W)
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Goldman and Loughlin, PLLC – Immigration Lawyers
May I remain in the United States while awaiting a decision on my extension of status?
If your application/petition is filed and received by USCIS prior to the expiration of your current status, and if you have not violated the terms of your status and meet the basic eligibility requirements, you may continue your previously approved activities in the United States (including previously authorized work) for a maximum period of 240 days, or until the first of the following occurs:
- USCIS makes a decision on your application; or
- The reason for your requested extension has been accomplished.
If your application for extension is denied after your previously approved stay has expired and you are still in the United States, you will be considered “out of status” as of the date your original period of stay expired. You must cease employment (if such employment was authorized) and depart the United States immediately. In addition, any nonimmigrant visa in your passport granted in connection with your classification becomes void. Once your visa is void, you must submit any new visa application.
1 There are certain very limited circumstances under which USCIS will excuse a late submission of your application to extend stay. If your status expired before you filed an application with USCIS to extend your stay in the United States, or if you have otherwise violated the terms of your status (such as by working without authorization), then you are “out of status.” If you fall out of status, except in certain limited circumstances beyond your control, we cannot extend your nonimmigrant stay. Staying longer than the period for which you were granted admission may also negatively affect your ability to obtain other benefits or to return to the United States later. If you fall out of status, we recommend that you leave the United States as soon as possible to limit the possible impact on your ability to return to the United States in the future. Extension of Status.
