By Brian Figeroux, Esq. | Editorial Credit: Alisa.strj/shutterstock.com

When a foreign national is visiting the United States on a temporary basis, such as for tourism or vacation purposes, they may sometimes wish to extend their stay beyond the period initially granted by U.S. Customs and Border Protection (CBP). Under federal immigration law, extending a vacation stay in the U.S. requires submitting a request to U.S. Citizenship and Immigration Services (USCIS). This analysis explores the process for obtaining an extension of stay for a tourist (B-2 visa holder) or Visa Waiver Program (VWP) entrant, the legal requirements, and provides a comprehensive checklist of supporting documents needed for a successful application.

1. Overview of Extending a Stay in the United States

Visitors to the United States typically enter under two primary categories for tourism or vacation purposes:

1. B-2 Tourist Visa Holders: These are individuals who have obtained a B-2 non-immigrant visa for tourism, pleasure, or medical treatment. The B-2 visa is usually valid for up to six months, but the actual length of stay is determined by CBP at the port of entry.
2. Visa Waiver Program (VWP) Entrants: Citizens of certain countries can enter the U.S. for tourism or business purposes without a visa under the Visa Waiver Program. VWP entrants are generally allowed to stay in the U.S. for up to 90 days and cannot extend their stay under normal circumstances.

2. Eligibility for Extension of Stay

Under U.S. immigration law, the ability to extend a vacation stay depends on the visitor’s current status:

2.1. B-2 Tourist Visa Holders

• Eligibility Requirements:
  • A B-2 visa holder can apply for an extension of stay if:
    • They were lawfully admitted to the United States as a non-immigrant.
    • They have not committed any crimes that would render them ineligible.
    • Their visa status remains valid, and the request is made before the expiration date on Form I-94 (Arrival/Departure Record).
    • They have not violated the conditions of their admission (e.g., by working without authorization).
    • They can demonstrate that they have a valid reason for extending their stay (such as needing more time to complete planned travel or due to unforeseen circumstances like illness).
• Duration of Extension: Typically, extensions for a B-2 visa are granted in increments of up to six months.

2.2. Visa Waiver Program (VWP) Entrants

• Eligibility for Extension:
  • VWP entrants are generally not eligible for an extension of stay. However, there are limited exceptions:
    • If a VWP entrant cannot depart the United States due to an emergency, such as a medical issue, a request for “Satisfactory Departure” can be made. If granted, this allows an additional stay of up to 30 days without penalty.

3. Process for Extending a Stay in the United States for B-2 Visa Holders

The process of extending a stay for a B-2 visa holder involves submitting a formal request to USCIS using the appropriate forms and supporting documentation. The following steps outline the process:

• Step 1: File Form I-539, Application to Extend/Change Nonimmigrant Status
  • Purpose of Form I-539: This form is used by individuals who are in the U.S. on a non-immigrant visa and wish to extend their stay or change to another non-immigrant status.
  • Where to File: Form I-539 can be filed online or by mail to the appropriate USCIS service center. The filing location is determined by the applicant’s current residence and the instructions provided by USCIS.
• Step 2: Pay the Filing Fee
  • The current filing fee for Form I-539 is $370, plus an additional $85 biometrics fee for capturing fingerprints and a photo. Fees are subject to change, so applicants should check the USCIS website for the most current fees.
• Step 3: Submit Supporting Documents
  • Along with Form I-539, applicants must submit supporting documents that provide evidence of their eligibility for an extension of stay. The checklist of required documents is provided in Section 4 of this analysis.
• Step 4: Attend Biometrics Appointment
  • After filing Form I-539, USCIS will schedule a biometrics appointment for the applicant, where their fingerprints, photograph, and signature will be collected. This is required for background checks and identity verification.
• Step 5: Wait for USCIS Decision
  • USCIS will review the application and supporting documents. Processing times for Form I-539 can vary depending on the workload of the USCIS service center handling the case, but it typically takes several weeks to several months.
• Step 6: Receive Form I-797, Notice of Action
  • If the extension is approved, USCIS will issue Form I-797, Notice of Action, indicating the new authorized period of stay. If the request is denied, the applicant must depart the United States by the date indicated on the original Form I-94 or the decision notice.

4. Checklist of Supporting Documents Needed for Extension of Stay

When filing Form I-539 to extend a stay in the United States as a B-2 visa holder, applicants must provide comprehensive supporting documentation to substantiate their request. The following checklist outlines the required documents:

4.1. Completed Form I-539

• The primary form used to request an extension of stay is Form I-539, Application to Extend/Change Nonimmigrant Status. The form must be completed in full and signed by the applicant.

4.2. Filing Fee and Biometrics Fee Payment Receipt

• Proof of payment of the filing fee ($370) and biometrics fee ($85) is required. Payment can be made by check, money order, or credit card, depending on the method of filing (online or by mail).

4.3. Copy of Form I-94, Arrival/Departure Record

• A copy of the most recent Form I-94, Arrival/Departure Record, which shows the date of admission and the authorized period of stay in the United States, must be included.

4.4. Valid Passport

• A copy of the biographical page of the applicant’s passport, showing the passport number, issuance date, and expiration date. The passport must be valid for at least six months beyond the requested extension period.

4.5. Proof of Current Visa Status

• A copy of the visa stamp in the applicant’s passport, showing the visa type (B-2) and the validity dates.

4.6. Letter Explaining the Reason for Extension

• A detailed letter explaining the reason for the requested extension of stay. The letter should include:
  • The applicant’s full name, date of birth, and nationality.
  • The reason for the original visit to the U.S. and the activities undertaken.
  • A clear explanation of why the extension is needed (e.g., additional time needed for tourism, family visits, or due to unforeseen circumstances like illness or travel restrictions).
  • Evidence of ties to the home country (e.g., property ownership, family, employment) to show intent to return after the extended stay.

4.7. Evidence of Financial Support

• Documentation proving that the applicant has sufficient financial resources to support themselves during the extended stay without becoming a public charge. Acceptable documents include:
  • Bank statements showing sufficient funds.
  • Affidavit of support from a U.S. citizen or legal permanent resident, if applicable.
  • Proof of employment or income from the home country.

4.8. Proof of Residence in Home Country

• Evidence demonstrating ties to the applicant’s home country, such as:
  • Property ownership or lease agreement.
  • Employment verification letter or contract showing ongoing employment.
  • Documentation of immediate family members residing in the home country.

4.9. Evidence of Travel Itinerary

• Copies of the initial travel itinerary, including flight bookings, hotel reservations, or tour plans, as well as any updated itinerary showing new travel plans after the extension is approved.

4.10. Medical Documentation (If Applicable)

• If the extension is requested due to medical reasons, provide a letter from a licensed physician in the United States detailing the medical condition, required treatment, and anticipated duration of recovery.

4.11. Copy of Form I-797, Approval Notice (If Applicable)

• If the applicant has previously been approved for an extension of stay or change of status, include a copy of Form I-797, Notice of Action, showing the prior approval.

5. Key Considerations for Requesting an Extension of Stay

When applying for an extension of stay in the U.S. as a B-2 visa holder, there are several important considerations to keep in mind:

5.1. Timing of the Application

• The application for an extension of stay must be filed before the expiration date on Form I-94. Late applications are generally not accepted unless the applicant can demonstrate exceptional circumstances.

5.2. Duration of Stay and Overstay Consequences

• Staying in the U.S. beyond the authorized period without an approved extension can lead to serious consequences, including being barred from re-entering the U.S. for a period of three to ten years, depending on the length of the overstay.

5.3. Impact on Future U.S. Visa Applications

• Applying for an extension of stay, if done properly, generally does not impact future visa applications. However, overstaying or violating visa terms can negatively affect future applications for U.S. visas.

5.4. Non-Immigrant Intent

• Applicants must prove non-immigrant intent, meaning they intend to return to their home country after their stay. Substantial ties to the home country must be demonstrated to USCIS to avoid suspicion of immigrant intent.

5.5. Decision Outcomes

• USCIS may grant the extension for the entire period requested or for a shorter period. It is also possible for USCIS to deny the extension request. In such cases, the applicant must depart the U.S. immediately or face the consequences of overstaying.

6. Special Circumstances: Visa Waiver Program Entrants

For Visa Waiver Program (VWP) entrants, an extension of stay is generally not possible. However, in cases of emergencies, such as medical conditions or natural disasters, VWP entrants may request a Satisfactory Departure from U.S. Customs and Border Protection (CBP) or USCIS.

6.1. Request for Satisfactory Departure

• If granted, Satisfactory Departure allows a VWP entrant an additional 30 days to depart the United States without accruing an unlawful presence. This request must be made before the original 90-day period of stay expires.

Conclusion

Extending a vacation stay in the United States requires navigating a complex legal process and meeting several eligibility criteria under federal immigration law. For B-2 visa holders, filing Form I-539 with USCIS, along with a comprehensive set of supporting documents, is the primary method for seeking an extension of stay. Careful adherence to the application process, accurate and thorough documentation, and awareness of the timing requirements are critical to a successful extension request. While VWP entrants face more limitations, options like Satisfactory Departure provide temporary relief under specific circumstances. Understanding the rules and regulations governing these processes ensures compliance with U.S. immigration laws and avoids potential complications in future travels to the United States.

  #B2Visa, #ExtensionOfStay, #FormI539, #ImmigrationLaw, #LegalAdvice, #NonImmigrantVisa, #SatisfactoryDeparture, #TravelInTheUS, #VisaWaiverProgram, USCIS