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How Can I Extend My Stay In The United States?

If you are in the United States on a Visitor Visa and want to extend your stay, you are required to file a request with U.S. Citizenship and Immigration Services (USCIS). You can extend a B-1 or B-2 Visitor Visa using Form I-539, Application to Extend/Change Nonimmigrant Status. Here are the steps to apply to extend your Visitor Visa.

Steps To Extend Your Visitor Visa

  • B-1 or B-2 visitor visas are typically granted for a six-month period.
  • If you need more time, you can apply for a US Visitors Visa Extension.
  • The first step is to submit Form I-539, also known as the Application to Extend/Change Nonimmigrant Status, to USCIS.
  • You must apply for an extension before your authorized stay expires – but current USCIS process delays may result in a long processing time.

What Happens If I Overstay My Visitor Visa Without Receiving An Extension?

Unlawful presence is a legal term that refers to being in the United States without authorization, including if you overstay your visa. There are two types of unlawful presence:

  • Remaining in the United States without first being paroled or lawfully admitted:
    This means that you entered the United States without a visa or other authorized entry document.
  • Remaining in the United States beyond the time allotted by the Department of Homeland Security (DHS):
    This means that you overstayed your visa or other authorized stay.

If you are considered to be unlawfully present in the United States, you may be subject to a number of consequences, including:

  • Ineligibility for certain benefits, such as a green card or citizenship:
    If you are unlawfully present in the United States, you may be ineligible for certain benefits, such as a green card or citizenship.
  • Deportation/Removal:
    If you are unlawfully present in the United States for a long period of time, you may be placed in immigration court proceedings and removed from the United States (deportation).
  • Bars to future entry:
    If you are deported from the United States, you may be barred from entering the United States again for a certain period of time.

Visa Overstay Forgiveness

Visa overstay forgiveness is a process that allows people who have overstayed their visas to be granted a waiver of inadmissibility. This means that the government will allow them to enter or adjust their status in the United States even though they have overstayed their visas.

The ability to obtain a waiver of inadmissibility will depend on both the reason for inadmissibility and the type of benefit for which you are applying.

Do You Need Help To Extend Your Visitor Visa or Apply For Forgiveness?

If you or a family member wants to extend your visa – or have overstayed your visa and want to be forgiven so you can enter the United States in the future, it’s important to speak with an experienced immigration attorney.

The immigration attorneys at Godoy Law Office can help you to evaluate your immigration status and guide you to ensure you remain eligible to reenter the United States. If you need help with a Visitor Visa or other immigration issue, please contact our office at 630-912-0322. 

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