Extension of stay for nonimmigrant visas
Staying
in the United States
beyond the time period covered by a temporary visa is possible as long as the
visa holder has a legitimate reason for doing so. The extension must be
requested before the expiration date on the I-94 (Arrival/Departure Record) or
I-20/IAP-66.
On the I94 card the agent records either a date or a "D/S" (duration
of status). The date that appears on the Form I-94 is important as it indicates
that beyond that time, one must apply for an extension to remain in the country
legally. Permission to enter and/or remain in the
United
States and to extend stay in the United States
is granted by the USCIS, which is governed by the Department of Justice. The
Department of State has no authority to extend your stay or change the
information or date on your Form I-94.
Visitors may apply to extend your stay only if: Lawfully admitted into the
United States
with a non-immigrant (temporary) visa, the non-immigrant visa status remains
valid, and no crimes have been committed. However persons may not apply for an
extension of stay if admitted to the United
States in the following visa categories: VWPP - Visa
Waiver Pilot Program, a crewman an alien in transit or in transit without a
visa, a fiancé (e) of a U.S.
citizen or dependent of a fiancé (e).
It is essential that the application for an extension of stay be submitted
before the current authorized stay expiration date. The application and correct
fee should be mailed to the
USCIS
Service Center
that serves the area where you are temporarily living. The appropriate USCIS Service
Center must receive the
application by the day the visa expires.