Depending on which type of nonimmigrant visa the United States Citizenship and Immigration Services (USCIS) issued you, you may be able to stay in the country for up to 10 years. While this may seem like a long time, you may soon realize that this deadline may approach rather quickly. And after finally establishing yourself and your life in the U.S., you may be reluctant to pack up and start all over in your home country once more. Well, you may rest easier knowing that there may be a way to legally stretch your duration of stay. For more, please read on to discover whether you can apply for a visa extension while still residing in the United States and how a seasoned family immigration lawyer in Milwaukee, WI, at Sesini Law Group, S.C., can help you take the right and appropriate actions.
Under what circumstances can I apply for a visa extension?
First of all, you should know that you may only be eligible to apply for an extension of stay in the United States if you meet the following conditions:
- You were originally admitted to the U.S. as a nonimmigrant.
- Your original U.S. nonimmigrant visa status is still valid.
- You have not committed any crimes during your current stay.
- You have not violated any immigration conditions of your current visa.
- Your passport is still valid and will remain valid for the rest of your stay.
In other words, you may be unable to apply for a visa extension if your particular visa is part of the visa waiver program; a D nonimmigrant visa (i.e., you are a crew member); a C nonimmigrant visa (i.e., you are in transit through the U.S. visa); or a TWOV (i.e., you are in transit through the U.S. without a visa).
Can I apply for a visa extension if I’m still in the United States?
In short, the way to apply for a visa extension is through Form I-539, Application to Extend Nonimmigrant Status. Namely, you may submit this form by mail or online using the USCIS Electronic Immigration System (ELIS).
And yes, either way, you may apply while you are still present in the United States. This is so long as you do so at least 45 days before your authorized stay expires. If successful, you may be able to stay in the U.S. for up to 240 days after the expiry date disclosed on your original nonimmigrant visa.
If denied, you must do the right thing and make immediate arrangements to exit the country. This is because you do not want to have an illegal presence and risk being deported, which subsequently jeopardizes your chances of ever returning. Rather, it is better to apply for reentry into the U.S. from your home country or another country you have been welcomed to.
There is no sense waiting to apply for a visa extension if you already know you wish to remain in the U.S. So please reach out to a competent family immigration lawyer in Milwaukee, WI, at Sesini Law Group, S.C., today.