How can I extend my B1/B2 visa in the USA?

Foreign national can extend their B1/B2 visa in the USA with the USCIS. To extend the B1/B2 visa it is necessary to file the application about two months before the visa. Though to extend the stay an applicant must present proper reason so that USCIS could accept the extension request. The B1/B2 visa can be extended for 180 days, which is the maximum stay allowed per entry.

 

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Reasons that will be considered by USCIS to extend the stay 

The reason that USCIS will consider to extend an applicant’s stay:

 

• Lawfully entered the US with a non-immigrant visa
• Valid non-immigrant visa status
• Not eligible for the visa or associated with illegal activities
• Not violating the rules of their admission
• Valid passport the will remain valid during the duration of stay.

 

Reasons won’t be considered by USCIS to extend the stay 

The reason that USCIS will not consider to extend an applicant’s stay:

 

• If they have applied for Visa waiver program
• Entered the country through the U.S. type C non-immigrant visa
• Entered the country without a visa (TWOV)
• S. citizen or dependent fiancé through K non-immigrant visa
• Not associated with illegal activities

 

Ways to extend the stay

To request an extension of stay in the country, the applicant must file a petition for a Non-immigrant worker (Form I-129) or an Application to Extend/Change Non-immigrant Status (Form I-539), depending upon the petition or applicant's non-immigrant classification.

 

USCIS should receive the application by the day the applicant's authorization expires, though it is better if the applicant applies in advance. USCIS expects to receive the application before 45 days of the authorized stay expires.

 

Processing can take several months, so provided the applicant has filed their extension application, if your visa status has expired, they are permitted a 'grace period' to remain in the US lawfully for up to 240 days from your I-94 date while your application is being processed.

 

It is not advisable to apply for an extension immediately after arriving in the USA; USCIS might consider this a pre-planned act, which could impact the credibility and authenticity of your application.

 

Requirements to apply for B1/B2 visa extension

Below are the requirements to apply for to extend the stay:

 

• Completed I-539 form
• Detailing of the reason(s) for extending your stay
• Proof of sufficient funds
• Return tickets
• Copy of I-94 Form of each applicant’s I-94 Form
• Letter or an Affidavit of Support from a US friend or relative
• Documents showing that you have permanent property or residence abroad
• Letter from your non-US-based employer confirming they know of the extended absence and that you will retain your position once you return.

 

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