Recommended
Foreign visitors who are legally in the United States under certain nonimmigrant visa categories can request an extension of stay if they need to remain in the country longer. However, the process must be completed before the authorized period of stay expires and in compliance with the requirements established by U.S. Citizenship and Immigration Services (USCIS).
According to USCIS, the extension application is generally submitted using Form I-539, Application to Extend/Change Nonimmigrant Status, or Form I-129, Petition for a Nonimmigrant Worker, depending on the immigration category to be extended.
Verify how long you can stay in the United States
Before starting any procedure, authorities recommend checking the expiration date of your authorized stay on your Form I-94, Arrival/Departure Record. This document indicates until what date a person can legally remain in U.S. territory.
USCIS warns that staying in the United States longer than authorized can have serious immigration consequences, including difficulties returning to the country in the future or even deportation proceedings.
When to file the application
The agency recommends submitting the extension request at least 45 days before the authorized period of stay expires. Completing the process in advance can help avoid setbacks and processing delays.
Requirements to request an extension of stay
According to USCIS, a person can request an extension of stay if they meet the following conditions:
Was legally admitted to the United States with a nonimmigrant visa.
Your nonimmigrant status remains valid.
You have not committed any crimes that would make you ineligible for a visa.
You have not violated the conditions of your admission to the country.
Your passport is valid and will remain valid for the entire requested period.
Step-by-step guide to requesting an extension
1. Check your authorized departure date
Consult your Form I-94 to find out the exact date your legal stay ends.
2. Confirm that you are eligible
Verify that you meet all requirements established by USCIS, including maintaining valid status and not having violated the conditions of your visa.
3. Complete the corresponding form
Most applications are submitted using Form I-539, although some categories use Form I-129. Official instructions indicate who may use each document.
4. Submit the application before it expires
USCIS recommends sending the petition well in advance, ideally at least 45 days before the authorized stay ends.
Who cannot request an extension
The agency notes that certain immigration categories are not eligible to request an extension of stay. Among them are:
- Participantes del Programa de Exención de Visa (Visa Waiver Program).
- Tripulantes con visa tipo D.
- Personas en tránsito con visa tipo C.
- Viajeros en tránsito sin visa (TWOV).
- Prometidos de ciudadanos estadounidenses y sus dependientes con visa K.
- Informantes relacionados con terrorismo o crimen organizado con visa S y sus familiares acompañantes.
Maintaining a valid immigration status is essential for any foreign visitor. For this reason, USCIS recommends periodically checking the expiration date of your authorized stay and submitting any extension request before the current permit expires.
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