This document discusses extending a B1/B2 visitor visa while in the United States. It notes that visitors usually receive an I-94 status allowing 3-6 months stay, and to extend their stay beyond that period they must file Form I-539 to apply for an extension of stay before their I-94 expires. It recommends filing at least 60 days before expiration and provides examples of documents to include like bank statements, affidavits of support, and evidence of non-immigrant intent. It warns that if the extension is denied after the I-94 expires, unlawful presence could begin accruing and result in multi-year bans on reentry to the US or visa revocation.

1. Extending Your B1/B2 Visa
Shah Peerally Law Group PC
Extending your visitor, tourist or business visa
while in the United States.
By Attorney Shah Peerally
Www.PeerallyLaw.com
Phone (510) 742 5887

2. Entering on B1/B2 Visitor

Whenever you enter the United States on a
multiple entry or single entry B1/B2 visa,
you usually obtain an I-94 status at the
airport.

The I-94 is usually for 3 months or 6
months.

The I-94 is what controls your stay not the
Visa stamp on your passport.

3. What happens if you want to stay
longer?

In order to stay longer that the time which
was allocated on your I-94 form, you need
to file for an extension of stay.

To file for an extension you should file by
applying the form Form I-539, Application to
Extend/Change Nonimmigrant Status. The
form can be found on the uscis.gov website.

4. When can you file the extension?

You need to file the extension prior to the
expiry of the I-94. Note that if you file after
unless you have some “extraordinary
circumstances”, your status will not be
approved.

Note that proving extra ordinary
circumstances is a very daunting task. As
such it is recommended to file at least 60
days before expiry of the I-94

5. Sample Documents to be attached
to the form I-539

Need a good explanation why you want to
extend your stay.

Bank statements and/or form I-134 affidavit
of support proving you have money to cover
your expenses during your additional stay.

Documents proving non-immigrant intent
such as property, letter of employment, etc.

Pay the appropriate fees.

6. Risks of filing for a B1/B2
extension.

If the extension is approved, you are eligible
to stay. However if the extension is denied
after the original I-94 expires, you start
accruing unlawful presence.

Unlawful presence of more than 180 days
can bar you from re-entry to the United
States for a number of years.

In addition, if the extension is denied, there
is a risk that the multiple entry visa stamp
might be revoked by operation of law.

7. Possibility of Moving to other Visas

It is possible to move to other visas such as
F1, H, etc. and even file for adjustment of
status depending on your situation.

However, this slide is limited to extension
under B1 visa or B2 visa. If you need help
on moving to other visas call us
at (510) 742 5887.
Information provided in those slides are purely educational. Do not act or
refrain to act solely on the information provided. No attorney-client
relationship is created by these slides.