| Visitor Visa is a nonimmigrant visa
issued to people entering U.S. temporarily for business
(B-1), or for pleasure/ medical treatment (B-2). These
are generally issued for a period of six months, but
an additional maximum extension of 6 months can be taken
based on the USCIS(INS) approval.
Extending your visitor visa INS will judge the extension based
on certain factors, such as:
- Your definite plans to leave U.S. at the end of
the proposed extension period.
- Valid reasons for the extended stay.
- The application submitted for the extension of stay
should be before the current I-94 expiry date.
- The applicant has not committed any illegal act
during the stay.
- There should be proper evidence for financial support
Documents required for the extension:
- Completed I-539
Form.
- An application stating the reason for the requested
extension.
- Proof of financial support during this extended
stay.
- Copy of your return tickets as a proof of your temporary
stay intentions.
- Extension fee for the visitor visa which is $195
at present as of May 2004. You may confirm it by calling
INS in future.If you applying for spouse and children
they are included in the same fee.
- Copy of I94 of each applicant. ( Do not send the
Original I94)
How to File ? There are two ways to file for your Visa extension: 1. File
online over the internet.
( Note : Effective April 1, 2006, Form I-539 will be temporarily unavailable to E-Filing system users. If you wish to file Form I-539 with USCIS, you must follow instructions for filing in paper. USCIS will make Form I-539 available to E-Filing system users in the near future. Please check back with USCIS for updated information on the availability of E-Filing Form I-539.)
2. Send completed form and applications visa mail. You should mail this form to the Service Center having
jurisdiction over where you live in the United States. Click here. to get the name and address of the USCIS centers. What after filing the case? Once you file the case, USCIS will send you a receipt
with a receipt number( 13 digit) this is your case number.
The approximate processing time will be indicated on
the receipt. It can take few weeks to several weeks
to process your case. You can check and track
your case status online using case/receipt number. Or call National Customer Service Center 1-800-375-5283 If approved:
If your application for an extension is approved
you will be issued a replacement I-94 with a new departure
date. Make a copy of this approval letter and I94 and
keep into your record, these will be useful for future entry to USA. You should
carry these when you make next US trip or appear for a fresh US visa
next time.
You can remain in USA up to until this new I94 date. When you
leave USA, must submit both(old and new) I94 to the airline staff
on check in counter.
Sample of approval letter of extension for I-539
If Denied: If denied, you will receive a letter that will tell
you why the application was denied. You are required
to leave USA immediately.
What if you overstayed ?
- If you are a multiple entry visa holder and overstayed
your multiple entry visa Visa may becomes Void
under rule INA 222(g/2).
( Note this is not ways true that overstay means
Visa become Void, this may be the worst case, for
those who over stayed by many months etc.)
Read more info about INA 222g/2 rule:
- More
information at findlaw.com
- A
memo at immigrationlink.com
- You may not be allowed to enter into USA at the
port of entry.
- You may be deported if not leave on time.
Since the time taken for the approval is not known,
the best thing a person should do is to keep the travel
plan ready based on the original I94 dates if you get
the approval its well and good , else should leave the
country. This way you keep your option to enter
into USA in future and avoid any legal problems.
No matter what is the result of the extension request
, you should always keep copy and proof of all paperwork and communication you
did with USCIS this will be useful for your future visa need for future US trip.
If my request to stay past my initial period of admission was denied by the CIS, how long do I have before I have to leave the U.S.?
The CIS generally allows you 30 days to depart the U.S. starting from the date on the letter notifying you of their decision to deny an extension. If you do not depart within 30 days, you will be considered deportable. The CIS cautions that if you are refused permission to extend your stay, you may encounter problems with Consulates overseas the next time you apply for a U.S. visa because their computer records will indicate that you did not leave the U.S. within the time frame of your initial period of entry. Be sure to keep your rejection letter and proof of the date of your departure (a boarding pass is the best thing, but passport stamps showing entry into another country is also helpful) to give the consulate the next time you apply for a new visa. Having those may mitigate your apparent overstay and could improve your chances of renewing your visa without the five year restriction usually applied to people that have overstayed their visit.
Source : US Custom dept website
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I want to extend my stay, Should I apply for Visa extension OR just go to Canada Or Mexico and re-enter, will I get anew I-94 with 6 months?
B1 and B2 visas are usually issued for a term of 10 years. Each visit may last up to six months, although some categories of visitors may apply to extend their visit for an additional 6 months. During your visit to the U.S., you may visit Canada, Mexico, or the Caribbean islands (not Cuba)for up to 30 days and re-enter the U.S. as long as you re-enter within the period noted on the Form I - 94 which you received when you first entered.
For instance, if you come to the U.S. on July 10, 2005 on a B2 Visitor Visa, you may go to Canada and/or Mexico on or after November 10, and reenter the U.S. any time up until December 10. But because the six month period is up on December 10, 2005, you will also have to depart from the U.S. on that same day to avoid being an "overstay" (unless you applied for an extension of stay.)
Read what official website says :
http://help.cbp.gov/cgi-bin/customs....hp?p_faqid=751
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Read information related to I94 and Visa at Dept of state website.
Note : IF you have got the extension approved, and received a approval, you will get a new I94 attached to the approval letter. You must make a copy of this letter. When leaving USA you should give this new I94 to the airline checking counter along with the old/earlier I94.
Tips
- Do not apply for the extension immediately after arriving into USA, INS
officials might take it as a pre-planned act.
- Remember: The date of expiry of your stay limit
is the date on the I-94 form tag attached to your
passport, and not the date stamped on your visa.
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