Legal Question in Immigration Law in California

B1 Visa extension

I have B1 visitor visa, this is my 3rd visit to the USA. All my visits to the USA have been legal and I left the USA on time. Actually my visa is for 5 years (since 2003).This time i just get a 2 month visa for my current visit to the USA. My visa will expire in 2 more weeks.I would like to extend my vacation until Christmas and thus, would need my visa extended. If possible, how i can do that?


Asked on 10/31/05, 9:25 pm

2 Answers from Attorneys

Rahul Manchanda, Esq. Manchanda Law Office PLLC

Re: B1 Visa extension

A nonimmigrant temporarily enters the United States for a specific purpose such as business, study, or pleasure. When you entered the country as a nonimmigrant, a U.S. immigration inspector should have examined your passport and visa and then given you a Form I-94 (Arrival/Departure Record). This record should tell you (in the lower right-hand corner) when you must leave the United States. You can prove you did not violate U.S. laws by turning in your Form I-94 to the proper authorities when you leave the country. If you want to extend your stay in the United States, then you must ask for permission from the US Citizenship and Immigration Services ("USCIS") before your authorized stay expires. Proof that you are willing to obey U.S. immigration laws will be important if you want to travel to the United States as an immigrant or nonimmigrant in the future. If you break immigration laws, you may also become subject to removal (deportation).

You may apply to extend your stay if you were lawfully admitted into the United States with a nonimmigrant visa, your nonimmigrant visa status remains valid, and you have not committed any crimes that would make you ineligible. You must apply to extend your status if you wish to stay longer than the date indicated in the lower right-hand corner of your Form I-94 (Arrival-Departure Record). Please note, you must submit the application for an extension of stay BEFORE your current authorized stay expires. You must also keep your passport valid for your entire stay in the United States.

If you are holding a B-1 nonimmigrant visa, you should carefully read and complete USCIS Form I-539 (Application to Extend/Change Nonimmigrant Status) and submit any required supporting documents. The application and correct fee should be mailed to the USCIS Service Center that serves the area where you are temporarily staying.

It is recommended that you apply to extend your stay at least 45 days before your authorized stay expires, but the USCIS Service Center must receive your application by the day your authorized stay expires.

If you are late filing for an extension and your authorized stay has already expired, you must prove that:

(1) The delay was due to extraordinary circumstances beyond your control;

(2) The length of the delay was reasonable;

(3) You have not done anything else to violate your nonimmigrant status (such as work without USCIS approval);

(4) You are still a nonimmigrant (This means you are not trying to become a permanent resident of the United States. There are some exceptions.); and

(5) You are not in formal proceedings to remove (deport) you from the country.

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Answered on 10/31/05, 9:52 pm
Rahul Manchanda, Esq. Manchanda Law Office PLLC

Re: B1 Visa extension

A nonimmigrant temporarily enters the United States for a specific purpose such as business, study, or pleasure. When you entered the country as a nonimmigrant, a U.S. immigration inspector should have examined your passport and visa and then given you a Form I-94 (Arrival/Departure Record). This record should tell you (in the lower right-hand corner) when you must leave the United States. You can prove you did not violate U.S. laws by turning in your Form I-94 to the proper authorities when you leave the country. If you want to extend your stay in the United States, then you must ask for permission from the US Citizenship and Immigration Services ("USCIS") before your authorized stay expires. Proof that you are willing to obey U.S. immigration laws will be important if you want to travel to the United States as an immigrant or nonimmigrant in the future. If you break immigration laws, you may also become subject to removal (deportation).

You may apply to extend your stay if you were lawfully admitted into the United States with a nonimmigrant visa, your nonimmigrant visa status remains valid, and you have not committed any crimes that would make you ineligible. You must apply to extend your status if you wish to stay longer than the date indicated in the lower right-hand corner of your Form I-94 (Arrival-Departure Record). Please note, you must submit the application for an extension of stay BEFORE your current authorized stay expires. You must also keep your passport valid for your entire stay in the United States.

If you are holding a B-1 nonimmigrant visa, you should carefully read and complete USCIS Form I-539 (Application to Extend/Change Nonimmigrant Status) and submit any required supporting documents. The application and correct fee should be mailed to the USCIS Service Center that serves the area where you are temporarily staying.

It is recommended that you apply to extend your stay at least 45 days before your authorized stay expires, but the USCIS Service Center must receive your application by the day your authorized stay expires.

If you are late filing for an extension and your authorized stay has already expired, you must prove that:

(1) The delay was due to extraordinary circumstances beyond your control;

(2) The length of the delay was reasonable;

(3) You have not done anything else to violate your nonimmigrant status (such as work without USCIS approval);

(4) You are still a nonimmigrant (This means you are not trying to become a permanent resident of the United States. There are some exceptions.); and

(5) You are not in formal proceedings to remove (deport) you from the country.

If you would like to speak with an Attorney, please contact our offices to schedule a telephone or office consultation.

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Answered on 10/31/05, 9:53 pm


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