So you’ve been enjoying your time in the United States, exploring the bustling cities, immersing yourself in its diverse culture, and relishing in new experiences. But as your 90-day visa limit approaches, you might find yourself wondering – can I extend my stay in the US after 90 days? Well, the answer is yes, it is possible to extend your stay, but there are certain conditions and procedures that you need to be aware of. In this article, we will provide you with all the essential information you need to know about extending your stay in the US beyond the initial 90 days. So let’s dive right in and discover the options available to you!
Reasons for Wanting to Extend Stay
Work-related reasons
If you have come to the United States for work-related reasons and find yourself wanting to extend your stay, you are not alone. Many individuals find themselves wanting to prolong their time in the US due to job opportunities, career growth, or professional projects. Whether it is to continue working on a specific project, networking with industry professionals, or exploring new job opportunities, extending your stay for work-related reasons can be a valid and common motivation.
Family-related reasons
Spending quality time with your loved ones is a priority for many people. If you have family members or close friends in the US, you may want to extend your stay to strengthen those connections and create lasting memories. Whether it’s attending family events, supporting a family member through a challenging time, or simply enjoying each other’s company, family-related reasons are often a significant factor in people’s decision to extend their stay in the US.
Medical reasons
Sometimes, unforeseen circumstances arise, and you may find yourself in need of medical treatment or care that requires you to extend your stay in the US. Whether it is for ongoing medical treatments, specialized procedures, or consultations with renowned healthcare professionals, it is essential to prioritize your health. Extending your stay for medical reasons can ensure that you receive the necessary care and support you need during this time.
Educational reasons
If you are pursuing higher education or participating in an educational program in the US, you may want to extend your stay to continue your studies. The US is renowned for its educational institutions and diverse academic opportunities. Whether you are engaged in a short-term program or pursuing a longer degree, extending your stay can allow you to make the most of your educational experience, build a strong network, and enhance your academic and professional growth.
Other personal reasons
There can be various other personal reasons that motivate individuals to extend their stay in the US. Exploring the country’s rich cultural heritage, immersing oneself in the vibrant art and music scene, volunteering for a meaningful cause, or simply taking the time to rediscover oneself are just a few examples. Whatever your personal reason may be, it is essential to evaluate your motivations and priorities to determine if extending your stay is the right choice for you.
Visa Waiver Program
Restrictions and limitations
If you entered the US under the Visa Waiver Program (VWP), it is crucial to be aware of the program’s restrictions and limitations. The VWP allows citizens of participating countries to visit the US for up to 90 days without obtaining a visa. However, it does not grant permission for extensions beyond the initial 90-day period. Therefore, if you wish to stay longer, you will need to explore other options.
Applying for an extension under VWP
Since the VWP does not provide a mechanism for extending your stay, you will need to explore alternative visa options to extend your time in the US. This typically involves applying for a non-immigrant visa or initiating the process to change your non-immigrant status.
Non-Immigrant Visas
Types of non-immigrant visas
The US offers a wide range of non-immigrant visas that cater to various purposes and intentions. Some common non-immigrant visa categories include the B-1 visa for business visitors, the F-1 visa for students, the H-1B visa for specialized workers, and the O-1 visa for individuals with extraordinary abilities. Each visa category has specific eligibility criteria and requirements, so it is crucial to carefully evaluate which visa aligns with your intentions and circumstances.
Applying for an extension
To extend your stay in the US under a non-immigrant visa, you will generally need to file an application with the U.S. Citizenship and Immigration Services (USCIS). The specific process and requirements may vary depending on the visa category you are applying for. It is essential to thoroughly research the application process, gather the necessary documents, and meet all filing requirements to increase your chances of a successful extension request.
Processing times and fees
When applying for a visa extension, it is important to consider the processing times and associated fees. The processing times can vary depending on the USCIS workload and the specific visa category. It is advisable to submit your extension request well in advance to allow for any potential delays. Additionally, there are fees involved with the extension application, which may vary depending on the visa category. Make sure to budget for these expenses when planning your stay extension.
Form I-539: Application to Extend/Change Nonimmigrant Status
Purpose and eligibility
Form I-539 is the official application form used to request an extension or change of nonimmigrant status in the US. This form is typically used by individuals who are already in the US on a non-immigrant visa and wish to extend their stay or change their visa category. To be eligible for an extension or change of status, you must meet specific criteria outlined by the USCIS and provide necessary supporting documentation.
Filing requirements
When submitting Form I-539, it is important to ensure that you meet all filing requirements. These requirements may include completing the form accurately and thoroughly, paying the required fees, and providing supporting documents to substantiate your request. Failing to meet these requirements may result in delays or the rejection of your application.
Supporting documents
Along with Form I-539, you will need to provide supporting documents that demonstrate the validity of your request and eligibility for an extension or change of status. These documents may include proof of financial resources to support your extended stay, a valid passport, evidence of ties to your home country, and any other relevant documentation specific to your situation.
Processing times and fees
The processing times and fees for Form I-539 can vary depending on the USCIS workload and the specific circumstances of your application. It is important to check the USCIS website or consult with an immigration attorney to obtain the most accurate information regarding processing times and fees for your specific situation.
Visa Extension Process
Initial period of stay
When you enter the US with a non-immigrant visa, you are typically granted an initial period of stay. This period is determined by the customs officer at the port of entry and is indicated on your Form I-94 (Arrival/Departure Record). It is crucial to be aware of this initial period of stay as it sets the foundation for your future visa extension requests.
DHS approval
The Department of Homeland Security (DHS) has the authority to approve or deny visa extension requests. It is important to understand that approval is not guaranteed, and each case is evaluated based on its individual merits. Providing sufficient evidence, demonstrating your intentions, and meeting all requirements are essential factors in increasing your chances of approval.
Visa overstay consequences
If you overstay your visa, it can have serious consequences. Overstaying can result in your unlawful presence in the United States, which may lead to future immigration complications, restrictions, or even possible bars from re-entering the country. It is crucial to adhere to the terms and conditions of your visa and apply for extensions or change of status as necessary to maintain lawful presence in the US.
Period of authorized stay
If your extension request is approved, you will be granted a new period of authorized stay, allowing you to remain in the US legally beyond your initial period. It is important to keep track of this new period and ensure that you adhere to its limitations. Failing to comply with the terms of your authorized stay can have severe consequences on your immigration status and future opportunities in the US.
How to apply for an extension
To apply for a visa extension, you will typically need to file the appropriate forms, provide supporting documents, and pay the necessary fees. It is crucial to carefully review the application requirements and process specific to your non-immigrant visa category. Seek professional guidance, such as consulting with an immigration attorney or the USCIS website, to ensure you understand and follow the correct steps.
Grace Period and Overstay
Understanding the grace period
In some instances, individuals may have a limited grace period after the expiration of their visa or authorized stay. The grace period allows individuals a short window of time to make necessary preparations for departure or to apply for an extension or change of status. It is important to understand the duration and limitations of the grace period associated with your specific visa category to avoid overstaying and potential penalties.
Consequences of overstaying
Overstaying your visa or period of authorized stay can have significant consequences. You may be subject to fines, restrictions on future entry, or even face deportation proceedings. It is crucial to take overstaying seriously and adhere to the rules and regulations set by the US immigration authorities.
Options for individuals who have overstayed
If you have overstayed your visa or period of authorized stay, there may still be options available to rectify your status. Some potential options include voluntarily departing the US, seeking a waiver or forgiveness, adjusting your status through marriage or sponsorship, or applying for specific immigration relief programs. It is advisable to consult with an immigration attorney to explore the best course of action based on your circumstances.
Change of Status
Applying for a change of status
If you are already in the US under a non-immigrant visa but wish to change to a different visa category, you can apply for a change of status. This process involves submitting the appropriate forms, meeting the eligibility criteria for the desired visa, and providing supporting documents to substantiate your request. It is important to carefully follow the specific requirements and guidelines set forth by the USCIS to increase your chances of success.
Eligibility and restrictions
The eligibility criteria for a change of status can vary depending on the specific visa category you wish to switch to. Some visa categories have strict requirements, such as specialized skills, job offers, or educational qualifications. It is crucial to thoroughly assess your eligibility and understand any restrictions associated with the desired visa category before initiating a change of status application.
Processing times and fees
As with visa extensions, processing times and fees are important considerations when applying for a change of status. It is essential to plan ahead and submit your application well in advance, as processing times can vary. Additionally, be prepared to pay the required fees associated with the application process.
Request for Humanitarian Parole
Defining humanitarian parole
Humanitarian parole is a special request made to the USCIS for individuals who need to temporarily enter or remain in the US due to urgent humanitarian reasons. It is designed to provide temporary relief for individuals facing exceptional circumstances where significant humanitarian concerns are present.
Eligibility criteria
To be eligible for humanitarian parole, you must demonstrate that there is a compelling emergency or urgent humanitarian reason that justifies your need to enter or remain in the US. Each case is evaluated on its individual merits, and the USCIS considers factors such as medical emergencies, rescue or relief operations, family emergencies, or significant public benefit.
Application process and requirements
The application process for humanitarian parole involves submitting the necessary forms, providing supporting documents that substantiate your humanitarian claims, and paying the required fees. It is crucial to present a well-documented and compelling case to increase your chances of approval. Consulting with an immigration attorney who specializes in humanitarian parole cases can provide valuable guidance and support throughout the application process.
Summary Removal or Deportation
Grounds for summary removal or deportation
Summary removal or deportation occurs when an individual is removed from the US without a formal hearing before an immigration judge. There are various grounds that can lead to summary removal or deportation, including but not limited to criminal convictions, visa violations, unlawful presence, fraud or misrepresentation, or threats to national security. It is crucial to be aware of the actions and behaviors that can lead to deportation to avoid these dire consequences.
Consequences of removal or deportation
Removal or deportation can have severe consequences on an individual’s future opportunities in the US. It may lead to being barred from re-entry for a specific period, creating significant challenges for personal and professional life. It is crucial to understand the potential consequences and the gravity of the situation to avoid immigration-related pitfalls.
Conclusion
Extending your stay in the US beyond the initial 90-day period can be possible under certain circumstances. Whether it is for work-related, family-related, medical, educational, or other personal reasons, exploring the appropriate visa options, following the correct procedures, and adhering to immigration regulations are crucial steps in your journey. It is important to seek professional guidance, such as consulting with an immigration attorney, to ensure that you make informed decisions and navigate the process effectively. Remember, understanding your options and taking proactive steps can help you make the most of your stay in the US and fulfill your personal goals and aspirations.
