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Visa Extension

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What is a Visa Extension?

A visa extension allows individuals in the U.S. on a valid nonimmigrant visa to legally extend their stay beyond the original expiration date. Whether you’re a student, visitor, or temporary worker, applying for an extension can help you continue your studies, work, or travel plans without leaving the country. The key to obtaining a visa extension is filing Form I-539, which is used to apply for an extension or a change in nonimmigrant status. Filing this form before your visa expires is crucial to maintain your lawful presence in the U.S.

Who is Eligible for a Visa Extension?

Several groups of nonimmigrants may be eligible to extend their stay in the U.S. through the Form I-539 application. These include:

  • Individuals lawfully admitted to the U.S. on a valid nonimmigrant visa, such as B-2 visitors, F-1 students, or H-1B temporary workers.
  • Nonimmigrants whose current visa status has yet to expire when filing for the extension.
  • Individuals who have maintained lawful status and not violated the terms of their visa or committed any crimes that would make them ineligible for an extension.
  • Nonimmigrant workers who have lost employment and are searching for new job opportunities in the U.S.
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How to Apply for a Visa Extension

To extend your visa or change your nonimmigrant status, you must file Form I-539 with the U.S. Citizenship and Immigration Services (USCIS). The processing times for Form I-539 can vary significantly based on several factors, including your current visa status, the type of extension or change you’re requesting, and the service center handling your application.

You can use the USCIS processing times tool for the most up-to-date processing time. By entering your form type (Form I-539), form category, and the relevant service center, you’ll receive an estimated timeline for your case.

The filing fee for Form I-539 is currently $470; in some cases, an additional biometrics fee of $85 may be required. To ensure a smooth process, gather all necessary documentation and consider seeking legal guidance to avoid delays or errors.

How Long Can You Stay After Applying for a Visa Extension?

If you file for a visa extension or status change before your current visa expires, you can typically remain in the U.S. for up to 240 days while USCIS processes your Form I-539 application. During this period, you must comply with the terms of your existing visa. For example, if your visa does not allow you to work or attend school, you must abide by these restrictions until your extension is approved.

If your visa extension is denied before your visa expires, you must leave the U.S. by the expiration date on your I-94 form. If the denial occurs after your visa has already expired, you must depart the U.S. immediately.

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Need Help Extending Your Visa? Call 360 Immigration Law Group

Navigating the visa extension process can be challenging, but 360 Immigration Law Group is here to help. Our experienced immigration attorneys provide personalized guidance and support to ensure you stay on track with your immigration goals.

Contact us today at 954.667.3660 for a free consultation. Our team is available to speak in English, Portuguese, and Spanish and can assist clients across all 50 states, U.S. territories, and worldwide via phone, Zoom, or WhatsApp.

Let us help you extend your visa and secure your stay in the U.S. with confidence.

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