Applying for an Extension of a B1/B2 Tourist Visa
Who should buy this package?
Foreign nationals who enter the United States using B1/B2 tourist visas usually only have permission to remain in the United States for six months. In some circumstances, however, it is possible to request an extension of B1/B2 status after you have arrived in the United States, but before your authorized stay expires. You should buy this package if you are interested in applying for an extension of your B1/B2 status without the help an attorney, but you need a bit of guidance through the process and advice as to how to put forward the strongest application possible.
You should know that, contrary to popular belief, applying for an extension of your B1/B2 status does not automatically mean that you will get an extension. An application for an extension of status must be supported by evidence demonstrating you have an important reason for wishing to remain in the United States beyond your authorized stay. Common justifications for extensions of status include medical emergencies, ongoing medical treatment, or an unexpected need to remain in the U.S. to help a family member.
Please note that individuals who entered the United States under the Visa Waiver Program (commonly referred to as “ESTA”), are not permitted to extend their stays. You should not buy this packet if you entered the U.S. on ESTA.
What is in this package?
- Overview of the process of applying for an extension of B1/B2 status, from start to finish.
- Checklist of forms and evidence that you will need to submit with your application.
- Step-by-step instructions for applying for an extension of B1/B2 status. The step-by step instructions will guide you through the process of collecting necessary evidence, filling out your paperwork, submitting the application to USCIS, and everything in between.
- Sample Cover Letter. You shouldn’t judge a book by its cover, but USCIS does sometimes judge immigration applications by their cover letters! Following this template will help to ensure that your application is not erroneously rejected in USCIS’s mailroom.
- Example Personal Statements. A major component of any application to extend status is an applicant’s personal statement explaining to USCIS why he or she needs to remain in the United States for a longer period of time. These examples are meant to give you a sense of the sort of information that USCIS needs to know, and to help you identify factors in your own case that might be significant.
- Sample Affidavits. If someone with knowledge of your situation would like to provide an explanation to USCIS about why you need to remain in the United States beyond your authorized stay, following this template will help to ensure that USCIS gives the written testimony full evidentiary weight.
- Frequently Asked Questions, answering some of the most common questions that applicants have when filing applications to extend their B1/B2 status.
How to use this package?
Follow the step-by-step instructions to complete, assemble, and file a successful application for an extension of your B1/B2 status with USCIS. The package starts with an overview of the process, provides a checklist of the documents that you’ll need to submit with your application, and provides detailed instructions for how to complete each form. The package also contains instructions for preparing your application for mailing, and an explanation as to what happens after you file. Following the instructions in this package can help you to put together the strongest application possible.
Special instructions
Generally, it is necessary to file applications to extend B1/B2 status before the expiration of a person’s authorized stay. If you file a request to extend your B1/B2 status after your authorized stay has already expired, your application will likely be denied, and you may face serious immigration consequences. If your B1/B2 status has already expired, you should talk to an experienced immigration attorney prior to filing any paperwork with USCIS.
You should be aware that if you depart from the United States while your application to extend your B1/B2 status is still pending, USCIS will consider the application to be “abandoned” and will deny your application. If you need to leave the United States while your application is pending, you should be prepared to apply for a new B1/B2 visa before your next trip to the United States, and you should be prepared to show a US consular official documents pertaining to your request for an extension and the reason why the extension was denied. If you do not prove to the officer that your application was denied because you left the United States while the application was pending, the consular officer use this denial against you.
If your application to extend status is denied while you are inside the United States, US immigration officials will expect you to leave the country immediately. USCIS typically gives a 10-day grace period after a denial. You will accumulate unlawful presence if you remain in the United States after the grace period expires.