extension of status

Many individuals who come to the United States on a visitor visa would like to extend their visa. They can apply for an extension of stay in the U.S. The extension may or may not be granted depending upon the reason for the extension, and whether the USCIS is convinced that the applicant does intend to return to his/her home country after the temporary stay in the U.S.

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extension status includes

  • 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 the port of entry.
  • You should apply at least 45 days before the I-94 expires.
  • The duration for which the person can stay depends upon the expiration date of the I-94, and NOT on the expiration date of the visa stamp. The date on the visa stamp is irrelevant.

    • Approval or Denial

  • As long as you apply for an extension before I-94 date expires, you will be considered in status (present legally) until you for the decision from USCIS or 240 days, whichever comes first. If your extension is approved, you can be present in the U.S. until the new I-94 date.
  • However, if your extension is denied, you will be considered out of status immediately and your visa stamp will be void. You must leave the U.S. immediately as there is no grace period. In that case, your stay beyond I-94 expiration date will be considered "unlawful presence" for the purposes of inadmissibility.