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USCIS application procedures: Extension of Temporary Stay
Extension of Temporary Stay
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(Short Stay in the USA)

The process for obtaining an extension of temporary stay can be simple or very difficult depending on the national origin of the applicant, the age and marital status of the applicant, and the applicant's ties to the US and his/her home country.

B-1 and B-2 Visa holders can normally be granted a six month extension following the date of expiration of the original Visitor visa. Unlike some other nonimmigrant visas, applications are made at a US consulate and no INS approval is necessary.



Who Can Apply?

  • Your extension of stay cannot exceed a total stay of one year in the United States.
  • You already have a non immigrant visa in a category that allows you to apply for an extension.
  • You have sufficient financial resources to support your stay.
  • You have not committed any crimes during your stay.
  • You submit your extension before the expiration of your current visa.

How do I Apply?
    You will file only one application for this extension of stay and will mail it to the USCIS regional service center.

  • You will file form I-539 with all the supporting documents. You will also submit a letter stating the reason for your request and proving that it will be only temporary. If you are here on business, this letter should come from your employer in your home country. You must prove that your financial resources will be supported by someone other than yourself or your employer in your home country. You will fill file an Affidavit of Support. You will also submit a valid passport, photographs and other documents proving your intent to return to your home country. You will also submit your original I-94 card for yourself and your family.

  • You may be required to interview with the consulate. If you are accompanied by relatives, the I-539 form will cover them as well. If approved, you will receive your extension of stay with your original I-94 card. ( Notice of Action Form I-797). If denied, you may have to provide additional evidence by submitting a Motion to Reopen. If this is not the case, there is no formal appeals process for this type of visa.

  • The mailing address is one of the four Regional Centers having jurisdiction over your place of visit. Note : If you were admitted to the US under the visa Waiver program, you are not allowed make a request for an extension of stay. An extension of stay may be granted only in cases of emergency and for no more than 30 days.

What do I do Now?
  • Learn more about eligibility requirements and how to apply by clicking on the link below to send us an email.
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