How to Extend Your U.S. Visa / Stay (Form I-539)
To legally extend your stay in the U.S., you must file Form I-539, Application to Extend/Change Nonimmigrant Status, with USCIS before your current I-94 expires.
Eligibility
- Lawfully admitted nonimmigrant (B-1/B-2, F-1, J-1, H-1B, L-1, etc.).
- Passport valid for entire requested extension.
- No violation of status (unauthorized work, overstay).
- Bona fide reason (tourism, medical, family, academic, business).
Required Documents (Typical)
- Form I-539 (signed).
- Filing fee: $470 (2024; +$85 biometrics if required).
- I-94 copy (print from i94.cbp.dhs.gov).
- Passport bio page + visa stamp.
- Proof of financial support: Bank statements (6 months), affidavit of support (I-134), sponsor letter.
- Reason-specific evidence:
- Tourist (B-2): Itinerary, return ticket, ties to home.
- Student (F-1): New I-20, DSO letter, transcripts, financials.
- Medical: Doctor's letter, treatment plan, cost estimate, proof of payment.
- Business (B-1): Meeting invites, contracts, employer letter.
- Proof of nonimmigrant intent: Property, family, job abroad.
Filing Process
- Assemble package (original fee check/money order + copies of docs).
- Mail to correct **USCIS Lockbox** (varies by category; see I-539 Direct Filing Addresses).
- Receive **Receipt Notice (I-797C)** – extends status 240 days while pending.
- Attend **biometrics appointment** (ASC) if required.
- Receive **Approval (I-797A with new I-94)** or **Denial / RFE**.
Critical Rules
- File before I-94 expiry. Late filing = discretionary excuse only (rarely granted).
- Do not work unless category permits (F-1 OPT/CPT, H-1B, L-1).
- Denial = immediate out of status; accrues unlawful presence → 3/10-year bars.
- Change of Status (COS) also uses I-539 (e.g., B-2 → F-1). Include new petition approval (I-797) or I-20.
Alternatives to Extension
- Change of Status (if eligible for another category).
- Adjustment of Status (I-485) – if immigrant visa available.
- Voluntary Departure – if out of options; avoids removal order.
Get Help
Immigration law is complex. Consult an AILA attorney (ailalawyer.com) or accredited representative before filing.