When you need to extend your visa, navigating the process can be challenging and time-consuming if you don’t know what you’re doing. We help many clients just like you navigate the process of visa extension so that you can stay in the United States legally. Whether you’re a student, employee, or visiting family, understanding how to legally remain in the country is essential to ensure your stay is uninterrupted.
When you need to extend your visa, navigating the process can be challenging and time-consuming if you don’t know what you’re doing. We help many clients just like you navigate the process of visa extension so that you can stay in the United States legally. Whether you’re a student, employee, or visiting family, understanding how to legally remain in the country is essential to ensure your stay is uninterrupted.
What Is a Visa Extension?
A visa extension extends the period during which you are allowed to remain in the country under the terms of your current visa category. You do not leave the country to apply for an extension. Instead, you file a request with the US Citizenship and Immigration Services (USCIS) to prolong your lawful stay. There are many common reasons why people request an extension, including completing an academic program, employment, or addressing unforeseen personal circumstances.
It’s crucial to note the difference between a visa and your status. Your visa, typically a stamp in your passport, allows you to enter the country. However, the duration of your stay is determined by your Form I-94, Arrival/Departure Record. If your I-94 is nearing its expiration date, that’s when you’ll need to apply for an extension.
Who Is Eligible for a Visa Extension?
Not everyone qualifies for a visa extension. USCIS evaluates eligibility based on several factors, including:
- Compliance with visa terms: You must have adhered to the conditions of your original visa. For example, if you entered the U.S. on a tourist visa, you shouldn’t have engaged in unauthorized work.
- Valid purpose for extension: Your request must demonstrate a legitimate reason for staying longer, such as completing a course, finishing a business project, or recovering from unforeseen medical issues.
- Timely application: Filing for an extension before your I-94 expires is critical. If you miss the deadline, you may be considered “out of status,” which will jeopardize your future immigration options.
Additionally, certain visa types may not be eligible for extensions. Consulting with an immigration lawyer can help you ensure that you are eligible for an extension.
What Challenges Might You Encounter During Visa Extensions?
The visa extension process can be challenging, which is part of why working with an attorney is a good idea. One of the most common issues is submitting incomplete or incorrect paperwork, which can lead to delays or outright denials. Other challenges include:
- Demonstrating Intent to Return Home: USCIS needs assurance that you intend to leave the United States once your extended stay is over. Failing to provide convincing evidence, like a booked plane ticket or proof of employment, can jeopardize your application.
- Delays in Processing: Even if you file on time, USCIS backlogs can result in months-long waits. While your application is pending, you are typically allowed to remain in the country, but the uncertainty until then can cause stress.
- Potential for Denial: If USCIS denies your request, you may need to leave the country immediately or risk accruing unlawful presence, which could impact future visa applications.
How Can an Immigration Lawyer Help You?
While it’s possible to apply for a visa extension on your own, navigating the process without professional guidance can be risky. An experienced immigration lawyer can:
- Review your case to ensure eligibility and identify any red flags
- Help you prepare and submit a thorough, accurate application
- Communicate with USCIS on your behalf to address any requests for additional evidence
- Provide advice on alternative options if an extension isn’t feasible, such as changing your visa status
Partner with an Experienced Personal Immigration Attorney at The Law Office of Elizabeth Anu Lawrence
If you or a loved one need help with the visa extension process, choose an experienced firm like the Law Office of Elizabeth Anu Lawrence to give you the help you need. Please give us a call at 443.352.3201. Skype and telephone consultation are both available to clients.