Extend your admittance under a B1 or B2 status
If you want to extend your stay in the United States, you must file a request with U.S. Citizenship and Immigration Services (USCIS) on the Form I-539, Application to Extend/Change Nonimmigrant Status before your authorized stay expires. If you remain in the United States longer than authorized, you may be barred from returning and/or you may be removed (deported) from the United States. Check the date in the lower right-hand corner of your Form I-94, Arrival-Departure Record, to determine the date your authorized stay expires.
If you need a copy of your I-94 record of admission, it can be obtained at www.cbp.gov/I94. A paper I-94 will still be issued at land border ports of entry.
Please note that you should not apply for an extension of stay within 3 months of coming to the USA otherwise USCIS may conclude that even before entering the USA, you were planning to extend the visa which might be in contrast to what you might have said at the consulate or at port of entry.
Your lawful nonimmigrant status ends, and you are out of status, when your Form I-94 expires, even if you have timely applied to extend your nonimmigrant status and the USCIS doesn’t make a decision before your I-94 expires.
Even though you are not actually in a lawful nonimmigrant status, you do not accrue “unlawful presence” for purposes of inadmissibility under section 212(a)(9)(B) of the Act, while your extension of status application is pending if it was filed prior to the expiration of your Form I-94.
If your application for an extension of stay is approved, the approval will relate back to the date your Form I-94 expired, and your status during the pendency of your application will then be considered to have been lawful.
If your application is denied, you be required depart the United States immediately.
USCIS have processing times and can vary. You may check their Web site, www. uscis.gov, for their current processing times. The suggestion is you file at least 45 days before your stay expires
You may apply to extend your stay if:
- You were lawfully admitted into the United States with a nonimmigrant visa
- Your nonimmigrant visa status remains valid
- You have not committed any crimes 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 apply to extend your stay if you were admitted to the United States in the following categories:
- Visa Waiver Program
- Crew member (D nonimmigrant visa)
- In transit through the United States (C nonimmigrant visa)
- In transit through the United States without a visa (TWOV)
- Fiancé of a U.S. citizen or dependent of a fiancé (K nonimmigrant visa)
- Informant (and accompanying family) on terrorism or organized crime (S nonimmigrant visa)