Foreign nationals in the United States on temporary visas often face the need to extend their lawful stay. This may be because of continuing study, medical treatment, work, family circumstances or other good reasons. It is important to understand that extending status is different from extending a visa: in most cases what is at issue is permission to remain in the country, not a new visa sticker in the passport.
Overstaying can have serious consequences, including refusal of future visas, difficulties changing immigration status, and even a bar on re-entering the United States. The question of an extension therefore has to be dealt with in good time.
What extending status means
Status is the lawful basis on which a person is present in the United States. It is set on entry and lasts until the date established by the immigration service or shown on Form I-94. If the period of stay is coming to an end but the person continues to meet the conditions of their visa category, they can apply to extend their status.
Remember that the validity of a visa and the period of lawful stay are different things. Even if the visa is still valid, the permitted period in the country may end earlier.
Who can apply
An extension is not available to every category of foreign national.
As a rule, applications can be made by people who:
- are in the United States lawfully;
- have kept to the conditions of their visa;
- have not broken immigration law;
- continue to meet the requirements of their category of stay.
Every case is considered individually, and the final decision rests with the immigration service.
When to file
One of the most common mistakes is applying too late. It is recommended to file in advance — usually several months before the permitted period of stay ends. This avoids a situation where the application is still being considered after the current status has expired.
If the application was filed in good time, in many cases the applicant may remain in the United States until a decision is made.
What documents are usually required
The exact list depends on the category of status and the reason for the extension.
Most often these may be needed:
- a valid passport;
- Form I-94;
- the application on the prescribed form;
- documents supporting the purpose of the continued stay;
- financial documents;
- confirmation that the conditions of stay have not been broken.
The immigration service may request additional information if it considers it necessary.
Extending tourist status
Holders of tourist visas sometimes apply to extend their stay if a trip requires more time than originally planned. The reasons must be explained convincingly. Simply wanting to stay longer is usually not enough.
Remember that working or studying on tourist status is prohibited, so such circumstances cannot be used as grounds for an extension.
Extending student status
Students on international programmes often continue studying beyond the period originally calculated. If the educational programme requires more time, the institution will usually help prepare the documents needed to keep status lawful. It is important to maintain student status at all times and to meet the institution's requirements.
Extending work status
Work categories have their own rules for extension. In many cases the employer starts the procedure, confirming that the employee's continued work is needed and preparing the relevant documents. An extension depends on the particular category of work visa, the terms of the employment contract and the requirements of immigration law.
Can status be changed
Sometimes a foreign national does not extend an existing status but changes it for another. For example:
- a tourist becomes a student;
- a student receives a job offer;
- an employee marries a US citizen;
- a holder of temporary status begins the process of obtaining permanent residence.
Procedures of this kind have their own requirements and are filed separately.
What happens while the case is considered
After documents are filed the applicant receives confirmation that the application has been accepted. Processing times can vary considerably depending on the category, the workload of the immigration service and the complexity of the case. If necessary the applicant may be asked to provide additional documents or to attend a biometrics appointment.
Until a final decision is received it is important to keep to the conditions of the current status and to watch incoming notices carefully.
Possible reasons for refusal
The immigration service can refuse an extension for a variety of reasons.
The most common are:
- breaching the conditions of stay;
- filing an incomplete set of documents;
- providing inaccurate information;
- lack of convincing grounds;
- missing the filing deadline.
Even small mistakes can significantly affect the outcome.
Is a lawyer needed
The law does not require a lawyer. But professional help can be valuable in complicated cases, when changing status, where there have been previous refusals, or in an unusual immigration situation.
A lawyer will help prepare the documents correctly, assess the risks and avoid mistakes that could lead to a refusal.
Extending status in the United States is an important procedure that keeps your stay in the country lawful. The main rule is not to leave preparing the documents until the last days, and to follow the requirements of your visa category carefully. The earlier preparation begins and the more complete the set of documents, the greater the likelihood of a successful application and of continuing to stay in the United States lawfully.
End of the article.
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