Understanding How To Extend The United States’ B-1/B-2 Visitor Visa

If you visit the United States on a B-1/B-2 visitor visa for business, fun, or medical reasons, your plans might shift. Maybe you will get to stay longer than you thought or even have the chance to work or study here. If this happens, you could try to apply to stay longer or switch your visa status.

To do this, you must fill out Form I-539, asking to stay or change your visa status with the US Citizenship and Immigration Services (USCIS). However, the decision is up to the discretion of the USCIS. So, you have got to prove to them that you were only planning to stay for the allowed time, that you came here to visit, not to work or study, and that your plans have changed.

Once your B-1/B-2 visitor visa expires, you can’t use it anymore and need to get a new one. You should also renew your visa before it expires to avoid any last-minute problems with your trip. So, if you have a B-1/B-2 visitor visa and are planning to visit the US soon, it is smart to consider renewing your visa if you travel there often.

Here are some of the things you need to know.

The meaning of a B-1/B-2 visitor visa

The B-1/B-2 visitor visa is a kind of US visa for people who don’t plan to stay permanently. It lets foreign folks visit the US for various reasons, such as sightseeing, doing business, or seeing family and friends. If you are considering studying in the US or looking for a job, you will need a different visa.

The B-1/B-2 visitor visa can last up to ten years, but you can only stay in the US for 180 days. Plus, the B-type visa lets you return to the US more than once. The B-1 visa is all about business. So, if you are going to the US for business meetings, conferences, or making deals, you need a B-1 visa.

On the flip side, the B-2 visa is for fun stuff. If you plan a US trip to explore or catch up with family and friends, you need a B-2 visa. If you are coming to the US for a tour, you must get a B-2 visa. Also, if you are going to the US for medical reasons, you need a B-2 visa.

What is a visa extension?

A B-1/B-2 visitor visa is a type of visa that lets you visit the US for a short time and certain reasons. A B-1/B-2 visitor visa lasts for ten years, but you can only be here for six months at a time. When you get into the US with a B-1/B-2 visitor visa, there is a date marked on your I-94 that tells you when you need to leave.

You can ask for an extension if you want to stay in the US after your B-1/B-2 visitor visa expires. This is a request to stay longer than your B-1/B-2 visitor visa says you can. The USCIS suggests you ask for an extension at least 45 days before your B-1/B-2 visitor visa is about to expire.

While they consider your request, you can stay in the US, but there is no guarantee they will say yes. If you get turned down for your extension, you must leave the US immediately to avoid being “out of status.” Being “out of status” could mean you get deported and make it hard for you to return to the US.

When to apply for an extension

Ideally, you should get your request in with USCIS right after you find out you might need to switch your visa or stay longer in the US. USCIS suggests you file at least 45 days before your stay is up. The end date is on your Form I-94, which they give you when you come into the US, and you can find it on the US Customs and Border Protection (CBP) website.

But if you can’t submit your request by then, you can still submit it. It will automatically keep your stay legal while it is being processed. If you try to file after your B-1/B-2 visitor visa expires, you are out of status. To change your visa or stay longer, you will need to show USCIS that there were unexpected problems that made you late in filing and that the delay was fair, given the situation.

Things like medical emergencies, losing or having your passport or other travel papers stolen, or showing that you tried to file but USCIS sent it back because it was missing some info, the right fee, or certain documents count as “extraordinary circumstances.”

If you can’t explain to USCIS why you are out of status, you won’t be able to change or extend your visa and should talk to an immigration lawyer to see if it is better to leave the US and apply for the visa you need from your home country. Remember, if you stay in the US for 180 days or more after your visa expires, you might not be able to apply for any immigration benefits for a long time.

How to prove your case?

If you want to stay longer in the US or change your immigration status here, you must give USCIS a lot of the same info you did when you first applied for your B-1/B-2 visitor visa. This means showing that you can pay for yourself while you are here and writing a statement about why you must stay longer.

You also need to give USCIS all the details to show that you plan to return to your home country, that you still have connections and money, and that you can afford to stay in the US for a while longer. Some examples of the kind of info USCIS will be looking for are:

• Documents explaining why you need to stay longer (like medical records, a note from your doctor, police reports about an emergency, or letters from US family members who need you to stay longer than planned).
• Plans to get back to the US if you stay longer.
• Bank statements and pay stubs that prove you have enough money to take care of yourself here.
• A letter or an I-134 Affidavit of Support from a US friend or family member who promises to help you financially.
• Documents that show you have a permanent home and a place to live abroad, and
• a letter from your overseas job saying they know you will be gone for a while, but you will keep your job when you come back.

Overview of the application process

You will get a date on your I-94 form when you get your visa. The US hands out this form to people coming in, changing their status while they are here or staying longer. Your visa doesn’t tell you how long you can stay; it just tells you when you first get here and how many times you can return. The only thing that shows you when you have to leave is your I-94 form.

You will get a copy of your arrival/departure record in your passport or a digital version that says “Admit Until Date.” If you want to stay longer, you must change your record number. To keep your visa going, you will fill out form I-539 to change your visa status.

If you don’t ask to stay longer and you are still here after your B-1/B-2 visitor visa expires, you might not be able to come back to the US in the future, get deported, or have to leave.

Details of the application process

To keep your B-1/B-2 visitor visa in the US, you must complete two forms: I-539 and I-94.

• Complete form I-539: First, you have to fill out form I-539, which asks for more time on your B-1/B-2 visitor visa. Make sure you fill it out and sign it before sending it off to USCIS. If you are not sure how to do it, an immigration lawyer can help you out with all the tricky parts.
• Pay fees: There is a fee to kick things off with form I-539, and you will also need to pay an extra fee for the biometrics service.
• Attend a biometric appointment: They take your fingerprints, digital signatures, and photos to make sure you are who you say you are. Don’t worry; getting your fingerprints done isn’t an interview and is usually done in 15 to 30 minutes.
• Back up your I-539 form submission: When you send in your I-539, you have to back it up with proof. This includes copies of your form-194 and any proof you can support yourself while you are here. What proof you need depends on your visa (B-1/B-2 visitor visa), but you should only send the original documents if they ask for them. If they are not in English, you have got to have them translated.

Here is a list of what you might need:

• Documents showing you can legally be here, like your I-94 Arrival-Departure record.
• You must provide evidence of strong ties back home, such as property deeds, bank records, and proof of a job.
• Any documents that show you have been living here since you got here, like lease agreements, utility bills, and pay stubs.
• Money-related documents that show you can take care of yourself while you are here, like bank statements, investment records, or a letter from your boss.
• A statement explaining why you need more time here and what you plan to do once your extra time is up.
• For employees, you might need a letter from your boss that talks about your job, why you need more time, and that you will still have a job when you leave.
• If you are here for medical reasons, you can send a letter from your doctor or the hospital where you are located explaining your medical condition and why you need to stay here for treatment.

You can either fill out your visa extension form online or send it in the mail. Online is easier because you get all the info right in your account. The mail way is a bit more complicated because you have to figure out which address to use based on your visa. If your visa extension is approved, you will get a new I-94 card with a new date you must leave.

Keep a copy of the approval letter and your I-94. You can use these as proof when applying for your next visa. Also, keep your old I-94 card. When leaving the US, you might need to show your new and old cards.

Get help!

At Gehi and Associates, we have some top-notch immigration lawyers ready to assist you with your B-1/B-2 visitor visa extension application. Hiring an immigration lawyer can make it easier to deal with all the tricky stuff involved in extending your stay in the US. If you have any questions about what you need to do, call us. We can’t wait to hear from you!