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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
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
Bureau of Citizenship and Immigration Services (CIS) 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).
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 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 fianc└ of a U.S. citizen or dependent of a
fianc└
S - As an informant (and accompanying family) on
terrorism or organized crime
How
Do I Apply?
For the following categories of nonimmigrants, your
employer
should carefully read and file a CIS Form I-129
(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
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.
When
Should I Apply?
We recommend that you apply to extend your stay at least 45 days before
your authorized stay expires, but the CIS Service Center must receive
your application by the day your authorized stay expires.
What
If My Authorized Stay Has Already Expired? (What If I Am Late Filing for
an Extension?)
If you are late filing for an extension and your authorized stay has
already expired, you must prove that:
，
The delay was due to
extraordinary circumstances beyond your control;
，
The length of the delay was
reasonable;
，
You have not done anything
else to violate your nonimmigrant status (such as work without CIS approval);
，
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
，
You are not in formal
proceedings to remove (deport) you from the country.
How
Can I Find Out About the Status of My Application?
Contact the CIS office that received your application. You should be
prepared to provide the CIS staff with specific information about your
application.
How
Do I Get Another Form I-94 "Arrival/Departure Document" If the
Original Was Submitted With the Application to Extend My Stay?
If your application for an extension is approved,
you will be issued a replacement I-94 with a new departure date. If your
application is denied, your original I-94 will be returned with a request
for your immediate departure.
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