Can I Extend My Nonimmigrant Visa?

When you initially applied for your nonimmigrant visa, your intention may have been to temporarily experience tourism, schooling, or work life in the United States. In your wildest dreams, you may have never expected wanting to stay in this foreign country for the long term. What’s more, your authorized stay date may approach quicker than you originally anticipated. Well, under these circumstances, please continue reading to learn whether you can extend your nonimmigrant visa and how an experienced Lyndhurst immigration waiver attorney at the Law Offices of Salvatore A. Falletta can work to ensure you do so while maintaining a legal presence in the U.S.

Under what circumstances can I extend my nonimmigrant visa?

The two most common ways in which nonimmigrants extend their visa availability are through filing Form I-129, Petition for a Nonimmigrant Worker, or Form I-539, Application to Extend/Change Nonimmigrant Status, with the United States Citizenship and Immigration Services (USCIS). Of note, the USCIS advises that you submit the proper form at least 45 days before your authorized stay date, posted on your Form I-94, Arrival/Departure Record. But before all this, you must ensure you meet the following eligibility criteria to extend your stay:

• You were lawfully admitted into the U.S. with a nonimmigrant visa.
• Your nonimmigrant visa status in the U.S. is still valid.
• You have not committed any crimes during your stay in the U.S.
• You have not committed any immigration violations during your stay.
• Your passport is still valid and will remain valid for the rest of your stay.

Do I have to leave the U.S. to apply for a visa extension?

You may have been diligent and petitioned for an extension of stay well before your authorized stay date arrives. But even so, the USCIS receives an influx of immigration applications and may be delayed in processing yours. Here, you may find yourself in a predicament where your nonimmigrant visa status has expired and your request for an extension is still pending. Well, you may rest easier knowing that the USCIS may delay any removal proceedings against you until a decision has been made on your application.

At this time, even though you may no longer have legal nonimmigrant status, you may not accrue any days of having an “unlawful presence.” This is a positive thing because an immigration court typically responds to an unlawful presence with a ban from re-entering the country for three years, 10 years, or even permanently. If eventually approved, your allotted extension may start on the day after your nonimmigrant visa initially expired. If ultimately denied, you may pursue another nonimmigrant visa application at a U.S. consulate in your home country.

Before you find yourself in an even worse position, you must retain legal representation from the Law Offices of Salvatore A. Falletta, LLC. A skilled Lyndhurst deportation and removal defense attorney from our law firm will guide you on what to do.