It is not out of place knowing that you often in international travel a change to the original plan may become necessary. A Business Visit B1 B2 visa that may have been granted to you for business pleasure or medical treatment, may end up getting a job or meeting up with certain circumstances that may warrant seeking an extension of your stay or a change of the activity status. This is by design to give you a clear path on applying for a stay of extension or a change of status from within the USA.
Understanding the Process
Form I-539, Application to Extend/Change Nonimmigrant Status must be filed with the US Citizenship and Immigration Services (USCIS) for your status to be changed or your stay extended in the US. However, keep in mind that the USCIS may approve or deny your application. To increase your chances of approval, you will need to show that you entered the US with the intent to respect the authorized period of stay and that the situation that made you change the status arose thereafter.
Timing Matters
generally, the request should be filed with USCIS immediately after the need to change the classification or to stay longer in the United States is realized. The USCIS advises that the application should be made at least 45 days before the end of the permitted stay that appears on the I-94 form issued when entering the country.
However, life has a way of throwing things at you that you may not have anticipated, and you might find yourself needing to file within a shorter time. Do not be concerned; it is not obligatory to file within the initial 45 days of the probationary period. Your application will also have the effect of extending your lawful permitted stay within the country pending the determination of the application even if you make the application after the due time.
Addressing Extraordinary Circumstances
If your B-1 or B-2 status has lapsed and you are applying for the change or extension thereof, you should be able to explain why there were extraordinary circumstances that could not have been avoided that led to the delay. Other possible reasons could be health complications, loss of passports or other travel documents, or problems with the application process.
You are likely to be denied if you do not have a good reason for being late. When in such a situation, it is best that you consult with an immigration attorney on what to do, which could be to return to your home country.
Consequences of Overstaying
If you stay in the U.S. for more than 180 days after the B status has expired, this can lead to rather severe outcomes. You could be banned from applying for further immigration benefits for a few years even decades. Such concerns can be evaded if one complies with the authorized period of stay permitted by the country.
Required Documentation
When applying for an extension of stay or change of status, you will have to submit documents which might include documents that you used when you were applying for the B-1/B-2 visa. This includes:
- Proof of funds for the duration of your stay in the United States of America is to be provided.
- Outlined below are the possible reasons that may warrant the extension as supported by a written statement.
- There is proof that you have intentions of returning to your home country.
- Exhibits of economic and social relations with other countries.
- Enough money for the extra days that you may need to spend in the facility.
- Documents include medical records, emergency letters, bank statements, and letters from US relatives or sponsors depending on the circumstances.
The Application Process
It means that you need to do something more than just filing form I-539. You should demonstrate that you meet the conditions for the new visa category under which you are applying. For instance, application to F-1 or M-1 student status is not easy as it entails enrolling in a U.S. school as well as meeting other conditions.
Likewise for work-related visas, there is a need to have the visas available and to follow certain procedures by the employer. The application forms, fees, and other documents required are different depending on the type of visa that one is applying for. Please make sure that you submit all the relevant forms to USCIS at the same time to facilitate faster processing.
Beware of Unauthorized Activities
When applying for F or M non-immigrant status, do not register for classes before the USCIS approves the change of status. If one enrolls prematurely, he/she cannot be granted the desired status change.
The same caution applies to employment-related visas. Engaging in unauthorized employment while on a B-1 or B-2 visa is strictly prohibited.
Handling Expired Status
If your Form I-539 is pending, your authorized stay won’t expire, and you won’t accrue unlawful presence. However, if USCIS denies your application after your I-94 date has passed, your B visa will become void, requiring immediate departure from the U.S.
Visa Waiver Program (VWP) Travelers
If you entered the U.S. under the Visa Waiver Program (VWP), you cannot change your status within the United States. VWP travelers cannot extend their stay except in emergencies. If faced with such an emergency, contact USCIS for assistance.
Seeking Legal Guidance
Navigating the intricacies of U.S. visa extensions and status changes can be daunting. Mistakes in this process can have severe consequences. If you’re uncertain about your eligibility or require assistance with paperwork, consider consulting an experienced immigration attorney. They can provide valuable guidance and help you make informed decisions regarding your immigration status.
In conclusion, managing your immigration status in the United States requires careful planning, adherence to deadlines, and a clear understanding of the process. By following the steps outlined in this guide and seeking professional advice when needed, you can navigate these complexities with confidence.
