How to Extend Your Nonimmigrant (Temporary) Visa Status (EOS)

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Nonimmigrant visa holders in valid (unexpired and qualifying) visa status may, in certain circumstances, extend their stay in the U.S. under their current nonimmigrant visa status.

You may apply to Extend your Status if:

(a) You were lawfully admitted into the United States with a nonimmigrant visa; (b) Your nonimmigrant visa status remains valid; (c) You have not committed any crimes that make you ineligible for a visa; (d) You have not violated the conditions of your admission; and (e) Your passport is valid and will remain valid for the duration of your stay.

Exceptions--You may NOT apply for extension of status if your nonimmigrant visa status is any of the following:

(a) Visa Waiver Program; (b) Crew member (D nonimmigrant visa); (c) In transit through the United States (C nonimmigrant visa); (d) In transit through the United States without a visa (TWOV); (e) Fiancé of a U.S. citizen or dependent of a fiancé (K nonimmigrant visa); or (f) Informant (and accompanying family) on terrorism or organized crime (S nonimmigrant visa).

The EOS Process

To extend your nonimmigrant status 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. To determine the expiration date of your authorized stay, check the date in the lower right-hand corner of your Form I-94, Arrival-Departure Record. USCIS recommends that you apply to extend your stay at least 45 days before your authorized stay expires.

Conclusion

Each situation is different, so visa holders who are interested in learning more about Extension of Status are encouraged consult with an immigration lawyer on the facts and nuances in their respective situations. Individual facts vary, and can create circumstances where certain immigration opportunities and/or risks are more likely to arise. We hope you have found this information helpful. Please do not hesitate to contact Van Wormer Law today at (703) 244-6733 or contact@vanwormerlaw.com.

Additional Resources

Please Note: The information provided at this site is of a general nature and may not apply to any particular set of facts or under all circumstances. It should not be construed as legal advice and does not constitute an engagement of Van Wormer Law or establish an attorney-client relationship. No attorney-client relationship exists until Van Wormer Law has completed a conflicts check and the prospective client signs a representation agreement.

From the author: USCIS - Extend your Stay
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