Visa Extensions, reentry permits and advanced parole
Why Do You Need to Extend Your Visa? A non-immigrant temporarily enters the United States for a specific purpose such as business, study, or pleasure. When you entered the country as a non-immigrant, a U.S. immigration inspector should have examined your passport and visa, and indicated what the end date of your authorized stay.
If you want to extend your stay in the United States, then you must ask for permission from the US Citizenship and Immigration Services (USCIS) before your authorized stay expires. Proof that you are willing to obey U.S. immigration laws will be important if you want to travel to the United States as an immigrant or non-immigrant in the future. If you break immigration laws, you may also become subject to removal (deportation). For more information about extension of stay, read further below. If you wish to discuss your particular case in more detail, contact us to set up an in-office or virtual appointment to review your case.
What Does the Law Say? The Immigration and Nationality Act (INA) governs the admission of all people to the United States. For the part of the law concerning temporary admissions to the United States, please see INA § 214. The applicable regulations are found in the Code of Federal Regulations (CFR) at 8 CFR § 214.
Who is Eligible? You may apply to extend your stay if you were lawfully admitted into the United States with a non-immigrant visa, your non-immigrant visa status remains valid, and you have not committed any crimes that would make you ineligible. You must apply to extend your status if you wish to stay longer than the date indicated in the lower right-hand corner of your Form I-94 (Arrival-Departure Record). Please note, you must submit the application for an extension of stay BEFORE your current authorized stay expires. You must also keep your passport valid for your entire stay in the United States. You may not apply to extend your stay if you were admitted to the United States in the following visa categories:
- (VWP) - Visa Waiver Program
- D - As a crewman
- C - As an alien in transit or in transit without a visa
- K - As a fiancé of a U.S. citizen or dependent of a fiancé
- S - As an informant (and accompanying family) on terrorism or organized crime
Must My Spouse and Child Apply to Extend Their Stay in the United States?
Yes. Your spouse and child must also apply to extend their stay if theyr are here on derivative nonimmigrant status. It is best to apply at the same time as you sumit your request for extension.
When Should I Apply?
You apply to extend your stay at least 45 days before your authorized stay expires, your application must be received by U.S. Immigration by the day your authorized stay expires.
What If My Authorized Stay Has Already Expired? (What If I Am Late Filing for an Extension?)
If you are late filing for an extension and your authorized stay has already expired, you must prove that:
- The delay was due to extraordinary circumstances beyond your control;
- The length of the delay was reasonable;
- You have not done anything else to violate your nonimmigrant status (such as work without USCIS approval);
- You are still a nonimmigrant (This means you are not trying to become a permanent resident of the United States. There are some exceptions.); and
- You are not in formal proceedings to remove (deport) you from the count
Reentry Permit and Advanced Parole A Reentry Permit allows a permanent resident or conditional permanent resident to apply for admission to the United States upon returning from abroad during the permit’s validity without the need to obtain a returning resident visa from a U.S. Embassy or U.S. Consulate. Advance Parole allows an alien to physically enter into the United States for a specific purpose. The document may be accepted by a transportation company in lieu of a visa as an authorization for the holder to to travel to the United States.