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Dec 1, 2022
B1/B2 Visa

B1/B2 Visa Extension of Stay

Most people have a 6 month initial stay restriction. But, when exceptional or compelling humanitarian circumstances exist, you can request a B-1/B-2 extension.

B1/B2 Visa Extension of Stay

Most entries into the U.S. have a six-month initial stay restriction. The Immigration officer decides a person's stay in the United States based on the proposed activities in the country. Officers often permit most people to stay for the maximum time, but they reserve the right to limit it to considerably shorter times. Elements including passport expiration dates, past international travel, or activities in the U.S. could shorten the length of stay.

The B-1 status may be maintained for an extra six months if a request for a stay extension is approved. The B-1/B-2 extension is often only given when exceptional or compelling humanitarian circumstances exist. To request an extension, send USCIS Form I-539 and the required paperwork.

Along with your Form I-539, you must submit the following:
  • The original Form I-94
  • Written evidence outlining the reason for the requested extension, assurances that your stay won't be permanent, and any impacts the extension may have had on your foreign residency or job
  • The filing fee in the form of a check or a money order

Family and Relatives of the B-1/B-2 visa holder

Dependent visas are not available for B-1 or B-2 visa holders. You must apply individually for a B-1 or B-2 visa if you want to enter the U.S. as the spouse or child of a B visa holder.

The applicant must fill out their own DS-160 form, pay the required cost, and successfully pass an interview in addition to keeping a current passport to apply for a B-1/B-2 visa on behalf of a family member.

Many people are curious whether they can apply for an immigrant visa using the B-1 because it is quite simple to obtain. However, the B visas lack the dual aim that enables some visa holders to pursue nonimmigrant statuses leading to a green card. The petition for a green card may be rejected if your visa does not have dual intent, and it may even be viewed as a violation of your status, which could result in a ban on your ability to enter the country again.

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