VISITORS · 3 MIN
Extending a B-2 visitor stay with Form I-539 and avoiding overstay
In short
How visitors ask for more time, why the I-94 date matters, what overstaying costs, and how to keep proof that you left.
Sometimes a visit must last longer: a parent falls ill, or a baby comes late. A B-2 visitor can ask USCIS (the immigration office inside the US) for more time. ESTA visitors cannot.
The I-94 decides the stay, not the visa
The visa stamp in the passport is only for coming to the US. A 10-year visa does not mean a 10-year stay.
The I-94 record shows the "Admit Until Date", the last day of the stay. Download it at i94.cbp.dhs.gov.
Count every deadline from the I-94 date.
How to file Form I-539
1
Start early. USCIS recommends filing at least 45 days before the I-94 date. It must reach USCIS before that date. Late filing is accepted only in rare cases beyond your control.
2
Choose online or paper. One visitor alone can file online with a free USCIS account at uscis.gov. If both parents apply together as co-applicants, use the paper form.
3
Pay the fee. The current USCIS fee schedule lists $420 online and $470 on paper. Check uscis.gov/g-1055 before paying, because fees change.
4
Write a clear reason, such as a doctor's letter about an illness.
5
Add proof: a copy of the I-94, passport and visa pages, a new return ticket or booking, bank statements showing money for the extra time, and visitor insurance for the new dates.
6
Keep the receipt notice (Form I-797C). It proves you filed on time.
USCIS may ask for biometrics (fingerprints and a photo) at a local office. Go to the appointment.
While the case is pending
A visitor can generally stay while a timely, honest I-539 is pending.
If USCIS denies it, they must leave right away.
If they leave before a decision, the case usually ends. That is fine.
What overstaying means
Staying after the I-94 date without a pending extension creates unlawful presence (time in the US with no permission).
The visa is automatically canceled, even after one day. A new visa usually must be requested in the home country.
Overstay of more than 180 days but less than 1 year, then leaving: banned for 3 years.
Overstay of 1 year or more, then leaving: banned for 10 years.
Keep proof that you left
1
Save the boarding pass and e-ticket.
2
Check the passport stamps.
3
A few days after the flight, open i94.cbp.dhs.gov and choose View Travel History. The departure should appear. Airlines usually report it.
4
If the departure is missing, keep your proof and contact CBP to correct it before the next trip.
Common mistakes
Counting 6 months from the visa date.
Filing the day after the I-94 date.
Throwing away the old boarding pass.
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