To avoid being placed in removal proceedings and being deported from the U.S., foreign nationals must maintain legal immigration status at all times.
Form I-94, Arrival-Departure Record, is a form created by the Customs and Border Patrol (CBP) upon admission to the U.S. showing the date of admission, class of admission, and admitted-until date.
To find the length of time you can legally remain in the U.S. you can check your I-94 form online.
It’s important to understand the difference between the time you are allowed to stay in the U.S. and your visa expiration date.
- The admissions stamp in your passport (Form I-94) shows how long you are permitted to remain in the U.S.;
- Your nonimmigrant visa only shows when and how many times you may seek admission to the U.S. from abroad based on the classification noted on your visa.
Extension of Status
One way of maintaining status is for the person to obtain an extension that keeps the applicant in the same status.
Extension of status is different from a change of status, which is a request to change one nonimmigrant classification to another, or an “adjustment of status,” which is a transition from nonimmigrant status to permanent resident status.
A person must apply for his or her extension of status request in a timely manner.
The extension of status application must be filed with USCIS while he or she is still maintaining their status and within the time period under his or her authorized stay.
A person may be eligible for extension of status even if he or she has fallen
out of status, through the process known as “Reinstatement of status”.
This is a discretionary determination by U.S. Citizenship and
Immigration Services (USCIS) that the failure to maintain status was due to “extraordinary circumstances beyond [the nonimmigrant’s] control”.
Moreover, there can be no other immigration violations of status.
Alternatively, a reinstatement can be possible if the violation was minor, excusable, and otherwise would result in extreme hardship.
In general, an applicant will not receive an extension of status if he or she has violated the terms of their nonimmigrant status.
An example of a common violation is unauthorized employment.
A person placed in removal proceedings will not be eligible for an extension of status.
The immigration judge (IJ) does not have authority to grant such extensions.
Each visa has its own rules and requirements and restrictions.
How to Apply for Extension of Status
You must submit an application for an extension of stay before the expiration date on your Form I-94.
USCIS suggests applying for extension of status at least 45 days before your stay expires.
Your passport must be valid for your entire requested period of stay in the U.S.
There are very limited circumstances under which USCIS will excuse a late submission.
We strongly recommend filing the extension of status as early as possible to avoid visa overstay which is considered a serious immigration violation.
Overstaying your visa can lead to a 3-year or 10-year ban to the U.S. and you can be placed in deportation proceedings.
The application process to extend your status with USCIS depends on your nonimmigrant category:
Nonimmigrant visa | Description of visa | What form to file |
A-3 | Attendants, Servants, Personal Employees of Diplomatic and Other Government Officials and Immediate Family | Form I-539 |
B-1 and B-2 | Business and tourist visa | Form I-539 |
Treaty Traders, Treaty Investors, and Employees of Treaty Traders and Treaty Investors | Form I-129, Petition for Nonimmigrant Worker | |
E-1 and E-2 dependents only | Dependents of Treaty Traders, Treaty Investors, and Their Employees (spouses and children under 21) | Form I-539 |
E-3 principal (main) visa holders | Skilled Professionals from Australia | Form I-129, Petition for Nonimmigrant Worker |
E-3 dependents only | Dependents of Skilled Professionals from Australia (spouses and children under 21) | Form I-539 |
G-5 | Attendants, Servants, Personal Employees of Foreign Government Officials and Immediate Family) | Form I-539 |
H-1B, H-2A, H-2B, or H-3 principal (main) visa holders | Temporary Skilled or Unskilled Workers and Trainees | Form I-129, Petition for Nonimmigrant Worker |
H-4 dependents only | Dependents of Temporary Skilled or Unskilled Workers and Trainees (spouses and children under 21) | Form I-539 |
K-3 and K-4 | Spouse of U.S. Citizen and Minor Child Accompanying/Following to Join | Form I-539 |
L-1A or L-1B principal (main) visa holders | Intracompany Transferees | Form I-129, Petition for Nonimmigrant Worker |
L-2 dependents only | Dependents of Intracompany Transferees (spouses and children under 21) | Form I-539 |
M | Vocational Students and Dependents | Form I-539 |
N | Parents and Children of Certain People Who Have Been Granted Special Immigrant Status | Form I-539 |
NATO-7 | Attendants, Servants, Personal Employees of NATO Representatives, Officials, Employees and Immediate Family Members | Form I-539 |
O-1 or O-2 principal (main) visa holders | Aliens with Extraordinary Ability and Their Assistants | Form I-129, Petition for Nonimmigrant Worker |
O-3 dependents only | Dependents of Aliens With Extraordinary Ability and Their Assistants (spouses and children under 21) | Form I-539 |
P-1, P-2, or P-3 principal (main) visa holders | Athletes and Entertainers | Form I-129, Petition for Nonimmigrant Worker |
P-4 dependents only | Dependents of Athletes and Entertainers (spouses and children under 21) | Form I-539 |
Q-1 principal (main) visa holders | International Cultural Exchange Visitors | Form I-129, Petition for Nonimmigrant Worker |
R-1 principal (main) visa holders | Religious Workers | Form I-129, Petition for Nonimmigrant Worker |
R-2 dependents only | Dependents of Religious Workers (spouses and children under 21) | Form I-539 |
TN-1 or TN-2 principal (main) visa holders | Canadians and Mexicans under the North American Free Trade Agreement (NAFTA) | Form I-129, Petition for Nonimmigrant Worker |
TD dependents only | Dependents of Canadians and Mexicans under the NAFTA (spouses and children under 21) | Form I-539 |
All “V”categories | Certain Family-Based Preference Beneficiaries | Form I-539 |
Important: All family members (spouses and unmarried children under 21) in the same category can be included on one Form I-539.
Form I-539 (Application to Extend/Change Nonimmigrant Status) can be filed by mail or online.
Only certain applicants can submit Form I-539 online.
You can check the online filing eligibility on USCIS Form I-539 page.
If you are not eligible for online filing of Form I-539, then you will need to submit the application to USCIS by mail. The mailing addresses can be found here.
Can I apply for an Extension of Status After My Status Expires?
- If your stay as shown on your Form I-94, has already expired, USCIS usually will not approve an extension of stay.
- If you believe compelling unforeseen circumstances beyond your control prevented you from filing on time, explain your unforeseen circumstances in your application and provide the evidence with your application to support your claim. USCIS might approve your extension but it’s not guaranteed.
- If your stay as shown on your Form I-94 is about to expire, hurry up and make sure you file your application in time for USCIS to receive it before your status expires.
- If you are concerned about your visa expiring, remember that a visa’s purpose is to let you enter the U.S. Your visa doesn’t control the length of your stay. The period for which you can stay was determined when you were admitted to the U.S. You will usually find that information on the Form I-94 or the CBP entry stamp in your passport.
What Happens if USCIS Will Not Make a Decision Before My Status Expires?
Timely filing Form I-539 will not automatically extend your status.
Your status ends when your Form I-94 expires, even if your Form I-539 is timely registered by USCIS.
If USCIS will make the decision on your Form I-539 after your status expires, USCIS usually will not start any deportation proceedings before your application is reviewed and decision is made.
Despite the fact that you are not in a lawful nonimmigrant status, you will not not accrue “unlawful presence” while your extension of status application is pending if it was filed prior to the expiration of your Form I-94.
That’s why filing Form I-539 in a timely manner is important to avoid violating the immigration laws and risk of being banned from entering the U.S. in the future.
Some nonimmigrant categories may be permitted to continue the previously authorized employment for a maximum period of 240 days while the extension application is pending if:
- USCIS received I-539 application before Form I-94 expires, and
- You have not violated the terms of your nonimmigrant status.
You may be required to stop working immediately when the first of the following events occurs:
- 240 days elapses from the date your I-94 expires; or
- USCIS has made a final decision denying your extension application.
If your application for an extension of stay is approved, then your status while your I-539 application is pending will be considered to have been lawful.
If your application is denied, you may be required to depart the U.S. immediately.
In addition, any nonimmigrant visa in your passport granted in connection with your classification becomes void.
Once your visa is void, you must submit any new visa application at a U.S. consulate in your home country.
You can check the current USCIS Form I-539 processing times here.
You can check the status of your I-539 application here.
Form I-539 Filing Fees
The current Form I-539 government fee is $370. You and each co-applicant must also pay an $85 biometric services fee.
Failure to submit the correct government fee might result in application delays and rejections.
You can also use the USCIS fee calculator to double check the correct fee for your application.
USCIS fees are subject to change. We recommend that you check the latest fee on the USCIS Form I-539 page.
