In the middle of your trip to the United States there is an option to extend your stay and be allowed to stay in the country legally, however, you must do this before your visa expires. It is worth noting that not all visa categories are eligible for an extension.
If you want to extend your stay in the United States, you must apply to the US Citizenship and Immigration Services (USCIS) on Form I-539, which is an application to extend/change nonimmigrant status.
The problem with not doing this process is that if you stay in the United States longer than allowed, you may be barred from returning and/or removed (deported) from the United States.
The United States Citizenship and Immigration Services recommends that you complete the application process for this procedure up to 45 days before the deadline for leaving the country.
Applications for extension of stay or change of status in certain employment-based classifications must be filed using Form I-129, Petition for a Nonimmigrant Worker, instead of Form I-539.
The extension of stay is not automatically granted. The United States Citizenship and Immigration Services is ready to study your situation, your status, the reasons why you want to extend your stay, and then the agency will decide whether to grant the extension. or no.
If approved, USCIS will also decide how long you can stay. It should be noted that the extension is not granted if the circumstances show that there is no justification for the issuance of this permit.
You can request an extension of your stay if:
- He was legally admitted to the United States on a nonimmigrant visa.
- Your nonimmigrant visa status is still valid
- You have not committed any crime that would make you ineligible for a visa.
- You have not violated the conditions of your admission.
- Your passport is valid and will remain valid during your stay.
You cannot request an extension of your stay if:
If you submit the request electronically (e-filing), it will be automatically referred to the corresponding Service Center, and you will receive a receipt indicating the location to which it was referred. This location is not necessarily the same Service Center shown in the direct addresses for submitting written requests. In the case of electronic applications, it is important to review your submission receipt and be sure to note the location of the receipt.
Once your Form I-94 expires, your legal nonimmigrant status ends, and you lose that status, even if you applied in a timely manner to extend your nonimmigrant status.
In general, as a discretionary decision, USCIS may refrain from conducting any repatriation process until a decision is made on your application and USCIS resolves your application to extend your nonimmigrant status. However, the Department of Homeland Security (DHS) can file repatriation proceedings against you, even if you have a pending request to extend your stay.