Extension of Status

Why Do You Need to Extend Your Nonimmigrant Status?

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 USCIS 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 USCIS 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 Immigration and Naturalization Service (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).

What Does the Law Say?

The Immigration and Nationality Act (INA) governs the admission of all people to the United States. For the part of the law concerning temporary admissions to the United States, please see INA § 214. The applicable regulations are found in the Code of Federal Regulations (CFR) at 8 CFR § 214.

Who is Eligible?

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 USCIS 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.

You may not apply to extend your stay if you were admitted to the United States in the following visa categories:

(VWPP) – Visa Waiver Pilot Program
D – As a crewman
C – As an alien in transit or in transit without a visa
K – As a fiancé of a U.S. citizen or dependent of a fiancé
S – As an informant (and accompanying family) on terrorism or organized crime.

For the following categories of nonimmigrants, your employer should carefully read and file a Petition for Nonimmigrant Worker and any supporting documentation:

E – International Traders and Investors
H – Temporary Workers
L – Intracompany Transferees
O – Aliens of Extraordinary Ability
P – Entertainers and Athletes
Q – Participants in International Exchange Programs
R – Religious Workers
TN – Canadians and Mexicans Under NAFTA.

If you are in the following nonimmigrant categories, you should carefully read and complete an Application to Extend/Change Nonimmigrant Status and submit any required supporting documents:

A – Diplomatic and other government officials, and their families and employees.
B – Temporary visitors for business or pleasure.
F – Academic Students and their families
G – Representatives to international organizations and their families and employees.
I – Representatives of foreign media and their families
J – Exchange Visitors and their families
M – Vocational Students and their families
N – Parents and children of the people who have been granted, special immigrant

Status because their parents were employed by an international organization in the United States.

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At Mehran Law, We understand the importance of keeping families together, no matter where they come from. Our dedicated team of experienced immigration attorneys and paralegals will be navigating the complex process of USA family visas, ensuring that you can bring your loved ones closer to you.

Immigration Law can vary from person to person and also be very complex. You should always contact an experienced immigration attorney before filing a petition or making a decision. Contact us at 470-800-9213 or [email protected] for a free consultation.

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