B2 visa extension of stay

I came to the US from Jamaica on a visitor visa to spend some time with my daughter and see my grandchildren. Three months ago month my daughter slipped on ice and broke her leg and now she relies on me to move around and go with her when she goes out. The doctor treating my daughter said her leg will take two more months to heal but only one month remains on my I-94 form.

How do I extend my stay in the United States?

To keep your non immigrant status you must file an application for extension of stay before your current period of authorized stay, on your I-94, expires. It is important that you file immediately.

The application process to extend your stay depends on the type of non-immigrant status that you have. In your case because you have B2 non-immigrant status you must use USCIS Form I-539 with the required fee and supporting evidence. You should direct the application to the USCIS service center with jurisdiction for your area.

Required documentation

  1. Original or Photocopy (front and back) of your I-94 Arrival-Departure document. If your I-94 is lost you must file and send USCIS Form I-102 with the proper fee together with Form I-539.
  2. Photocopy of your passport showing that it is valid for the period of your intended stay.

Written statement/letter

You must also send a written statement explaining in detail;

  1. The reason for the extension,
  2. Departure arrangements, and
  3. Any effect the extension would have on your permanent residence and employment in Jamaica.

Supporting evidence

A signed affidavit from your daughter explaining why you are seeking to delay your departure would be persuasive. Your daughter should also get a letter written by a recognized, licensed health care practitioner treating her. The practitioner should write the letter on his or her own professional letterhead stationery and it should state the specific (explained) medical condition that has caused you to seek an extension to spend more time with your daughter and grandchildren.The letter should also specify the dates involved in your daughter’s injury and that the practitioner expects the medical condition to end at a specified time.

You should also send a copy of your return ticket to Jamaica showing the date of your intended departure. You should show that you have funds to support yourself for the period of the intended stay in the U.S. If you have a job in Jamaica you should send a letter from your employer temporarily excusing you from work for the extra time you will spend in the United States.

What if authorized stay has expired?

The USCIS may exercise discretion to excuse your failure to apply before the end of your authorized when;

1.the delay was due to extraordinary circumstances beyond your control

2. the delay is right for the circumstances

3. you have not violated your non-immigrant status in other ways (e.g. unauthorized work)

4. you are still a good faith visitor to the United States, and

5. you are not in deportation or removal.

Processing time and effect of prompt application

The processing time for I-539 applications can take up to 3 -4 months. The time in which your application is pending will continue your authorized stay in the United States. The current filing fee for a Form I-539 application is available here. If USCIS approves your extension of stay application it will do so in six month increments.

Online Resources

B Visa Refusal Rates by Country

 

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How to obtain a B1 B2 Visa

The B1 B2 Visa is a non-immigrant or visitor visa to enter the US for a limited time for business (b1 visa) and pleasure (b-2 visa) . Applicants for this visa must complete visa application Form DS-160 online, pay the visa application processing fee and schedule an interview appointment.

The B1 B2 Visa Requirements

The requirements that the US Consular official will assess in determining your eligibility for a B1 B2 visa are:

1.       You must live in a foreign country which you do not intend to abandon.

This means residence in any foreign country. If you are an Indian national but live in Canada as a landed immigrant that is fine provided you can show that you do not intend to abandon residence in Canada.

To show that you do not intend to abandon residency in a foreign country you may use supporting documents that show;

a.       permanent employment (or on-going education for students),

b.      business and financial ties ( e.g. title to land and ownership of a local business),

c.       close family ties (e.g. marriage certificate, copies of your children’s birth certificates, school records showing that the children live with you), and,

d.      your involvement in social and cultural activities in the foreign country where you live.

The fact that you would leave dependent children, spouse or family behind in coming to the United States is not enough by itself to show a strong reason to return. Previous good use of a U.S. visa is important evidence of an intention to return to your residence outside the United States.

2.       You must intend to enter the US for a limited time

To show your intention to enter the US for a limited time, you must have a very specific purpose for your trip (e.g. medical treatment, a trip to Disney World, buying equipment for a business, a business conference etc.) and a realistic plan.

The purpose of your trip must match length of your stay in the United States and you should show that you have the money to carry out the purpose of your trip (pay slips, bank statements).

3.       You must also show that your sole purpose in visiting the US is for lawful business or pleasure.

While the B1 B2 visa allows a visitor to make business deals related to employment and business in a foreign country, it does not allow employment in the United States for U.S. employers.

The US Consular officer will deny your B1 B2 application if you fail to show any of these US visa requirements. Security checks and alerts may also result in denial or delay of a U.S. tourist visa or denial of admission into the United States at a port of entry.

The B1 B2 Visa does not guarantee admission

Visa issuance alone does not guarantee admission into the United States.  Customs and Border Patrol agents will inspect the B1 B2 visa holder and decide whether to admit him upon his arrival at a port of entry. The longest time the visa holder must stay in the United States depends on the date stamped on the I-94 Arrival Departure record received upon admission. An immigration officer may grant admission to any B-1 visitor for business or B-2 visitor for pleasure for not more than one year and grant extensions of temporary stay in increments of not more than six months each.

The Visa Waiver program

Nationals of countries that take part in the Visa Waiver Program, VWP do not need a b1b2 visa to enter the United States for business and pleasure. They may enter the United States for up to 90 days for business or tourism without any extension of stay or change of non-immigrant status.

International visitors to the United States from visa waiver countries must get travel approval through the Electronic System for Travel Authorization (ESTA). Visit the ESTA web page on the Department of Homeland Security, Customs and Border Protection website for more information. 

Currently, there are 36 Visa Waiver countries, as shown below:

Andorra Hungary New Zealand
Australia Iceland Norway
Austria Ireland Portugal
Belgium Italy San Marino
Brunei Japan Singapore
Czech Republic Latvia Slovakia
Denmark Liechtenstein Slovenia
Estonia Lithuania South Korea
Finland Luxembourg Spain
France Malta Sweden
Germany Monaco Switzerland
Greece the Netherlands United Kingdom

Applicants for a b1 b2 visa should visit the US Embassy or Consulate website where they will apply for more country-specific instructions and b1 b2 visa requirements.

Attorney Gary D. Goodin, for Immigration Navigator

Copyright © 2011, The Immigration Navigator

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