Extend my U.S. B-2 Visa with Form I-539

The Visitor U.S. B-2 Visa is a nonimmigrant visa for persons desiring to enter the U.S. temporarily as tourists.

However, the period of admission into the U.S. is usually a period of up to six months, as shown on the Form I-94 issued at the port of entry.

Once entry with a visitor U.S. B-2 Visa is made into the U.S., an application to extend visitor visa status may be filed requesting an extension for up to six additional months.

So, if you need to stay in the U.S. longer than you initially expected, to work or study in the U.S. for a temporary period, you can extend your U.S. B-2 Visa.

In this case, you will need to file Form I-539, Application to Extend Nonimmigrant Status with USCIS.

In fact, USCIS can approve your application, but the decision is totally discretionary and depends on the officer and other circumstances, so, to get this purpose, you must make sure to provide evidence to prove that you intended to remain in the U.S. for only the authorized period originally.

USCIS officer will investigate your real intention, that is, if you intended to enter in U. S. to be a tourist for business, pleasure, or medical treatment, and new circumstances changed your plans.

USCIS recommends filing at least 45 days before your permitted stay expires.

If you file after your B-2 status has expired, you are considered “out of status.”

To extend your stay in this case, you will need to prove that there were extraordinary circumstances out, of your control that occasioned the delay in filing your request.

We recommend you provide detailed information to prove that you intend to return to your home country, that you still have economic and social relations abroad, and main, you have money to remain in the U.S. for more time.

If you cannot give USCIS a consistent reason for why you fell out of status, you will not be eligible to change or extend your B visa.

Documents Required for the U.S. B-2 Visa Extension

• Completed I-539 Form (PDF) Or File Online (I-539 Online);
• An application stating the reason for the requested extension;
• Copy of your return tickets as proof of your temporary stay intentions;
• B2 extension fee $370. If you are applying for a spouse and children, they are included in the same fee;
• Copy of I-94 of each applicant;

Once you file the visa extension application, USCIS will send you a receipt with a number and the approximate processing time will be indicated too.

You will also be given a biometrics appointment to collect your fingerprint.

The biometrics fee is $85 applicable to all applicants including minors.

What If Your Status Expires Before USCIS Approves the I-539?

If you have filed Form I-539, USCIS cannot place you in removal proceedings until your application has been decided upon.

In addition, you will not be considered an unlawful presence while your application is pending.

However, if you receive notice that your I-539 application has been denied, your B visa will become void, and you will be required to depart the U.S. immediately.

Visa Waiver Program

Although nationals of certain countries located in Western Europe, may enter the U.S. without a visa under the visa waiver program, in this case, it is not possible to extend visitor visa status in the U.S. with the USCIS.

What Happens if my I-539 is Denied?

If the USCIS denies the application for extension of B2 status and the Form I-94 has expired, the USCIS usually allows 30 days to depart the United States starting from the date of the letter notifying the applicant of its decision to deny the application for extension.

In this case, one should depart the United States as soon as possible or at least within the 30 days allowed by the USCIS, or he/she will be deportable.

Gold Tip: We recommend you not apply for the extension immediately after arriving, USCIS officials might consider as an intentional act.

Do not make any commitments to studies or work until USCIS approves your status change request.

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