You can extend your U.S. visa by filing a request with U.S. Citizenship and Immigration Services (USCIS). An Orlando immigration lawyer with our firm can assist you. Our legal team can also help with other immigration issues, including avoiding deportation or applying for a Green Card.
How to Request an Extension of Your United States Visa
If you entered the United States on a nonimmigrant visa for travel, work, training, education, or medical treatment, there is a limit to how long you can remain in the country. To extend your stay, you must file a request with USCIS well before the authorized stay date on your admission stamp or paper Form I-94 expires.
Many visa holders must complete and file Form I-539, Application to Extend/Change Nonimmigrant Status. Holders of certain work visas will need their employer to complete and file Form I-129, Petition for a Nonimmigrant Worker. Along with the forms, you must submit several documents, including your:
- Passport
- Updated photographs
- Current medical examination forms
Our law firm’s immigration attorneys can determine which form you must file and guide you through requesting an extension. We can also help you avoid common pitfalls that could delay your visa petition or threaten your ability to stay in the U.S.
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Are You Eligible to Extend Your U.S. Visa?
According to USCIS, you can apply to extend your U.S. visa if you meet the following criteria:
- You were lawfully admitted into the U.S. on a nonimmigrant visa.
- Your nonimmigrant visa status remains valid.
- You have not committed any crimes that make you ineligible.
- You have not violated the terms of your admission.
- You have a valid passport, which will remain valid throughout your extended stay.
You cannot request an extended stay if you entered the U.S. via any of the following:
- The Visa Waiver Program
- As a crew member (D visa)
- While in transit through the U.S. (C visa)
- While in transit through the U.S. without a visa (TWOV)
- As the fiancé(e) of a U.S. citizen or dependent of a fiancé(e) (K visa)
- As an informant on terrorism or organized crime (S visa)
How Long does Your U.S. Visa Permit You to Stay in the Country?
Your permitted length of stay in the U.S. and whether you can extend your current visa will depend on your visa category.
For example, U.S. Citizenship and Immigration Services states that H-1B work visas for foreign professionals in specialty occupations last three years with the possibility of a three-year extension. Those in the country on H-2A or H-2B visas for seasonal or temporary work can remain for 12 months with the possibility of an extension of up to three years. Some visas, like H-1C visas for registered nurses, cannot be extended.
We can answer any immigration questions you have about the type of visa you have, length of stay, whether you can seek an extension, and how to do so. You can also check your authorized stay date on your admission stamp or on the lower right-hand corner of your paper Form I-94.
Can You Stay in the U.S. Permanently?
If you want to relocate to the United States permanently, you can seek Lawful Permanent Resident (LPR) status. You can apply for a Green Card if you fit into one of the following categories:
- You are the spouse, child, parent, or sibling of a U.S. citizen or LPR.
- You are the fiancé (or the child of a fiancé(e)) of a U.S. Citizen or LPR.
- You qualify for a permanent (immigrant) work visa.
- You qualify as a special immigrant.
- You have had refugee or asylum status for at least one year.
- You are the victim of spousal, child, or parental abuse by a U.S. Citizen or LPR.
- You have a diversity visa from the Department of State’s diversity visa lottery.
- You are a native, resident, or national of certain nations.
- You have continuously lived in the U.S. since before Jan. 1, 1972.
If you have a Green Card, it is good for 10 years. We can help you renew it if you are within six months of its expiration date. If you have a two-year conditional Green Card, we can file for removal of the conditions within 90 days of its expiration.
What If You Overstay Your Visa?
Overstaying your visa without an extension is serious. According to the U.S. Department of State, doing so violates immigration law and could result in deportation or make you ineligible to return to the United States. Therefore, you should account for processing time and begin your extension well before your visa expires.
If your visa has expired, you must address the situation immediately. Our team can review your individual circumstances and take steps to protect your right to remain in the country. The sooner you contact us, the better because the renewal process can take time.
Do You Need an Immigration Lawyer to Help With a Visa Extension?
The immigration process and system are complex, so it is easy to make a mistake that could jeopardize your ability to stay in the United States. An immigration lawyer with our firm can ensure you take all the necessary steps to extend your U.S. visa and assist with other common immigration issues. Our team can:
- Identify the forms you must file to extend your visa and ensure you complete them correctly.
- Obtain the proper evidence and documentation to submit with your extension petition.
- Track and manage your case’s deadlines.
- Help you avoid deportation and request an extension of an already expired visa.
- Help you apply for LPR status (a Green Card) if desired.
- Assist you or your loved one with an initial visa application.
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Call Bogin, Munns & Munns About How to Extend Your U.S. Visa
Bogin, Munns & Munns has 40-plus years of legal experience and a staff of over 40 attorneys versed in various areas of the law. We can help with your visa extension period, visa requirements, or other immigration or international travel issues. Contact us today for a free consultation.
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