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B-1 / B-2 EXTENSIONS OF STAY Most persons who enter the United States come as visitors for pleasure or visitors for business. While citizens of visa waiver countries may enter without a visa, most persons must apply for a visa at the US consulate in their country of residence. These persons will complete form DS-156 and submit it with evidence of the person’s close family ties to their own country and evidence to establish the reason for their coming to the US. They should also submit evidence (such as bank statements, ownership of property, etc.) to show that they will return to their country upon the completion of their stay in the United States. Generally their
permission to remain in the United States is limited to periods from a few weeks
up to six months. Many times these persons wish to extend their stay.
This process, if done correctly, is quite simple and can usually be accomplished
at minimal expense. However, if done incorrectly and, if the application
is denied by the immigration service, the individual will be forced to leave the
United States immediately, and in many instances, the visa on which the person
entered the United States is deemed to be void and cannot be used again for
reentry.
An application for extension of stay is
filed on immigration form I-539. Please read the instructions,
attached to the application, carefully to determine if you can file the
application, what documents will be needed to establish the need for the
extension, and the appropriate filing fee.
A cover letter should be attached to the application explaining to the
immigration service, in greater detail than the form itself, the exact reason
why you need or desire the extension. You
must also attach the original of your form I-94.
Applications for extension of stay are filed with the immigration service
center that has jurisdiction over the applicant’s place of residence in the
United States. A complete list of
service centers is included on our web site.
Note:
Whenever you mail any forms or documents to the immigration service,
you should always do so by certified mail-return receipt requested, or by some
form of express mail for which you can obtain proof of receipt.
This is very important in the event immigration loses your application.
In that event, immigration can process your application if you submit
your proof of receipt, with evidence of payment, and a copy of the filed
application and you will not be considered out of status in the United States.
If you also wish to extend the stay of your spouse and/or child(ren), you
would also attach Supplement 1 to form I-539, together with the appropriate
fee, and the original of their form(s) I-94.
An application for extension of stay may take several months to
adjudicate. Immigration regulations
provide that an applicant is considered in
status during the pendency of the application,
provided that the application was timely filed and is not frivolous in nature. Once the application is approved, the I-94 of the alien (and of any accompanying spouse and children) is returned, amended to show the extension of stay granted. The alien will present this form when he or she departs the United States. The alien should make a copy for his or her records in order to establish their lawful presence in the United States should they be questioned at any time in the future.
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