Nonimmigrant visas are issued to foreign nationals who plan on remaining in the United States for a temporary period. It’s important to note that this period varies for different nonimmigrant classifications. Depending on the type of nonimmigrant visa you have, you may be eligible to extend your stay in the U.S. Please continue reading to learn how to apply for an extension of your stay in the U.S. to continue that same activities permitted when you were first admitted to the country and why connecting with a skilled New Jersey Immigration Lawyer is in your best interest.
Can I Apply for a Visa Extension if I’m Still in the United States?
Generally, nonimmigrants who are present in the United States are admitted for a specified period, or their petitioners may request an extension of their admission period to continue to remain in the country. You can apply for a visa extension while you are still in the United States by filing Form I-539, Application to Extend/Change Nonimmigrant Status, with the U.S. Citizenship and Immigration Services (USCIS). However, it’s important to apply well before your current authorized stay expires.
If you fail to file your extension application before your current visa expiration date, you will be considered to be “overstaying” your visa. If you overstay your visa, you will face significant legal consequences including potential deportation, a ban on future re-entry to the United States, and difficulty obtaining visas in the future. Even if you have a pending extension application, you must file it before your current visa expires to maintain legal status while waiting for USCIS’s decision. You are typically eligible to extend your stay if:
- You were lawfully admitted into the U.S. with a nonimmigrant visa
- Your nonimmigrant visa status remains valid
- You have not violated any laws that make you ineligible for a visa
- You have not violated the conditions of your admission
- Your passport is valid and will remain valid for the duration of your stay
You may not qualify to extend your stay if you were admitted to the U.S. in the following categories:
- Visa Waiver Program
- D nonimmigrant visa (crew member)
- C nonimmigrant visa (in transit through the U.S.)
- TWOV (in transit through the U.S. without a visa)
- K nonimmigrant visa (Fiancè(e) of a U.S. citizen or dependent of a fiancè(e))
- S nonimmigrant visa (informant on terriism or organized crime)
As you can see, to avoid any issues, you should ensure you submit your extension application well in advance of your visa expiration date. At the Law Offices of Aditya Surti, LLC, we are prepared to guide you through every step of this process. Connect with our firm today to learn how we can assist you.
