If you are an immigrant who would like to extend your stay in the U.S., contact our New York immigration attorneys to start the legal process today.

Foreign nationals who wish to visit the United States can do so through a number of different methods, including temporary visas for business and temporary visas for tourism, pleasure & medical treatment, as well many other avenues. What must be realized when utilizing these types of visas, however, is the fact that they are not meant to provide permanent residency in the country. While these visas are effective in providing visitors to the U.S. with a means of entering the country legally, they are not always effective in providing immigrants the extended amount of time for which they wish to remain in the country.

If you are an immigrant who would like to extend your stay in the U.S., you can do so by filing a request with the U.S. Citizenship and Immigration Services (USCIS). This process entails completing the Form I-539, Application to Extend / Change Nonimmigrant Status before the date upon which your authorized stay would otherwise expire. To ensure that this form is completed both on time and in full, a New York immigration lawyer from Pozo Goldstein, LLP can be contacted for assistance. Together, we can review the circumstances of your case and work toward completing the form if it’s determined to be the right fit for you.

Eligibility

As noted above, immigrants who wish to extend their stay in the U.S. must first complete the Form I-539, Application to Extend / Change Nonimmigrant Status. This application, however, is not suited for all immigrants who are currently visiting the country. There exists a very structured set of guidelines by which immigrants are expected to adhere when completing the application, and those who don’t meet all of the requirements will not be permitted to extend their stay.

Only immigrants visiting the U.S. who have established that they meet the requirements necessary for applying for an extension or change of their nonimmigrant status can move forward with the application process. Therefore, it is extremely important that you discuss your situation with an immigration attorney before taking any sort of legal action in this area. You are eligible to extend your stay if:

  • You were lawfully admitted into the U.S. with a nonimmigrant visa
  • You currently hold a valid nonimmigrant visa status
  • You have not committed any crimes that would otherwise disqualify you from eligibility for a visa
  • You have not violated the conditions established for you upon admission to the U.S.
  • You have a valid passport that will remain valid through the duration of your stay in the U.S.
  • The USCIS recommends that eligible immigrants take action to extend their stay for at least 45 days before your authorized stay in the country expires. This is a critical aspect to the application process given the fact that a request for extension must be filed before an authorized stay expires. If an immigrant remains in the U.S. for longer than he or she is authorized to stay, they could be barred from returning to the country in the future. Individuals who fall into this category could also be facing deportation, in which case a deportation defense attorney from our firm should be contacted immediately.

    Information for Non-Eligible Immigrant Candidates

    Not all immigrants who are currently visiting the U.S. will be permitted to benefit from the option of extending their stay, despite their desire to do exactly that. Individuals who fall into any of the below categories cannot apply to extend their stay in the U.S.:

  • Immigrants who are part of the Visa Waiver Program
  • Immigrants who entered the U.S. on a crewmember D nonimmigrant visa
  • Immigrants who are in transit through the U.S. without a visa (TWOV)
  • Immigrants who are in transit through the U.S. on a C nonimmigrant visa
  • Immigrants who have been identified as informants for terrorism or other organized crimes
  • Immigrants who are a fiancés of a U.S. citizen or a dependent of a fiancé (K nonimmigrant visa)
  • Pozo Goldstein, LLP: Professional Help With Extending Your Stay

    At Pozo Goldstein, LLP, help is offered to immigrants in New York who are experiencing any number of situations that require legal attention. From matters of visitation, to matters involving visas, to matters concerning deportation, we cover it all. Combined, our legal team has more than half a century of professional experience working in the field of law, including past positions as a former judge and former immigration prosecutors. As such, we feel confident in our ability to help you effectively address the issues you are currently dealing with and secure the results for which you are looking. Contact a New York immigration attorney from our firm to start the legal process today.