Extending Your Stay in the United States

Under certain circumstances, a nonimmigrant visa holder may be granted an extension of stay. His passport and visa must still be valid and he must not have committed any crimes while in the United States. It’s also important to consider time; Durrani Law Firm recommends that any visa holder wishing to be granted an extension of stay apply to do so at least 30 days before his Form I-94 departure date.

Who can apply for an extension of stay?

Certain visas cannot be extended. A visa holder may not apply to extend their stay if they were admitted to the United States under any of the following visa categories:

VWPP - Visa Waiver Program
D - As a crewman
C - As an alien in transit or in transit without a visa
K - As a fiancé of a U.S. citizen or dependent of a fiancé
S - As an informant (and accompanying family) on terrorism or organized crime

What do I need to know if I become a nonimmigrant worker?

There are certain categories of work visas for nonimmigrants that require employers to file a Petition for Nonimmigrant Worker. They include:

E - International Traders and Investors
H - Temporary Workers
L - Intracompany Transferees
O - Aliens of Extraordinary Ability
P - Entertainers and Athletes
Q - Participants in International Exchange Programs
R - Religious Workers
TN - Canadians and Mexicans Under NAFTA

If I remain in the U.S. as a nonimmigrant worker, how does that affect my family’s status?

If your employer files a Petition for Nonimmigrant Worker for you, your spouse and child must complete an Application to Extend/Change Nonimmigrant Status and submit any required supporting documents to extend the stay. It’s a good idea to file both you and your family’s petitions at the same time.

The following nonimmigrant categories may be granted visa extensions by filing an Application to Extend/Change Nonimmigrant Status:

A - Diplomatic and other government officials, and their families and employees
B - Temporary visitors for business or pleasure
F - Academic Students and their families
G - Representatives to international organizations and their families and employees
I - Representatives of foreign media and their families
J - Exchange Visitors and their families
M - Vocational Students and their families
N - Parents and children of the people who have been granted special immigrant status because their parents were employed by an international organization in the United States.

Family petitions should include separate applications for your spouse and any unmarried children under 21, even if everyone in the family falls under the same nonimmigrant category. If your spouse or children has derivative nonimmigrant status under your visa, you can include their applications for extension of stay with your own. For instance, if you have an F-1 Academic Student visa, his spouse and child should have F-2 Spouse and Child of an Academic Student visas.

Can I still apply to extend my stay if my visa is expired?

If your visa has expired, you can still apply for an extension if the delay was because of extraordinary circumstances (illness or injury, for example), the length of delay was reasonable, there are no deportation proceedings against you and you are not seeking permanent residence.

Durrani Law Firm is available for a free consultation to answer your questions about extending your stay or that of your family. You can contact us by email or by phone at 1-866-DURRANI.