Non-immigrants who find their visas about to expire may have questions about whether they can legally extend their stay. U.S. Citizenship and Immigration Services notes that those who enter the country legally may have options for extending their stay, depending on the circumstances of their visit.
Those eligible for an extended stay may want to review immigration regulations before they apply for an extension, as this may prevent delays that could affect their status.
Eligibility
Most non-immigrants can apply for a visa extension. Those planning to apply must qualify under several circumstances, including:
- Possessing a valid passport
- Lack of a criminal record
- Lacking C, D or another status that does not allow an extension
Non-immigrants who wish to stay in the U.S. past their visa expiration date may want to review these circumstances before they apply for an extension.
Employer assistance
Depending on their status, some individuals may ask their employers to help them extend their stay in the United States. The nature of their work may affect this circumstance. Employers can file Form I-129 to help grant an extension, but if any individuals listed on this form have a spouse or children, they must have them file separately with form I-539. Applicants can file both forms simultaneously, either electronically or by mail, as this may streamline the process.
Those applying for an extension to their visa may want to review their passport expiration date, as they must possess a valid passport even if their visa status is pending or under review. These individuals may want to ensure their passports will remain valid during this time period.
