Extension of Stay and Change of Status

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    An immigration extension of stay in the USA means you continue enjoying all the benefits of your current legal immigration status. With the assistance of an expert immigrant visa extension attorney, you avoid many of the pitfalls that may lead to rejection of your immigration extension of stay request. In New York City, call the best immigration team at Kats Immigration Law. They know how to navigate the complex U.S. immigration rules.

    What Is an Extension of Stay in the USA?

    An extension of stay allows you to be legally in the United States beyond the period that was initially allowed on your visa. This permission preserves your legal status and allows you to continue with your original purpose, like sticking with your studies, without leaving the country to apply for a visa afresh. Seeking an extension of stay should be a priority if your visa is nearing expiry. Failure to do so comes with various unpalatable legal consequences including deportation and a ban on re-entering the U.S.

    Immigration lawyers at Kats Immigration Law in Brooklyn and Manhattan have a reputable portfolio including numerous successful immigrant visa extension applications. Lead attorney Alina Kats and her team are your go-to legal counselors if you’re looking to stay on in the U.S. and even apply for permanent residence.

    When Should I Apply for an Extension of Stay?

    You should apply for an extension of stay before the return time indicated on your current visa. The U.S. Citizenship and Immigration Services (USCIS), which oversees processing these applications, recommends submitting applications at least 45 days before expiry. It allows time for processing and to respond to any issues or challenges that may turn up.

    You must justify your application for an immigration extension of stay. It involves showing that your original purpose for coming to the U.S. remains valid but requires more time to achieve. Some common situations used to apply for extensions of stay include:

    • Unfinished studies or academic research
    • Ongoing employment contract or business engagements
    • Extended medical treatment
    • Unexpected personal or family reasons

    What Is the Extension of Stay Procedure?

    You should first determine whether an extension of stay is allowable for the visa you have because it’s unavailable for some non-immigrant programs. Your application goes to the USCIS with all the supporting documents. It also involves the entity that sponsored your visa, like your employer or university. The documents required include:

    • Form I-539
    • Copy of I-94 showing your arrival and departures on current visa
    • Proof of funds to support your extended stay
    • Relevant supporting documents

    The application is straightforward, although it’s advisable to have an immigration attorney guide you in filling out and filing different documents. The process includes:

    1. Completing Form I-539
    2. Compiling required documentation
    3. Paying the filing fee
    4. Submitting it all to the USCIS
    5. Receiving a receipt note from the USCIS
    6. Attending a biometrics appointment
    7. Responding to Requests for Evidence as required
    8. Awaiting the final decision by the USCIS
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    What if My Visa Doesn’t Allow an Extension of Stay?

    A change of status is your best alternative if you don’t have the option of extending your stay on your current visa. This process moves you from one category of a non-immigrant visa to another without leaving the U.S. to apply for a new visa. You must meet the eligibility criteria of the new visa category to continue staying in the U.S.

    Your NYC lawyer offers guidance on the different visas, their eligibility criteria and limitations regarding your circumstances. For example, changing your status to a student F-1 visa would require admission to an education institution and a prohibition on full-time employment. Common visas to change status include:

    Can I Work as I Wait for My Extension of Stay Approval?

    You can continue working if your current visa allows it and you’ve submitted your application on time. The USCIS allows up to 240 days of work beyond your current visa if your decision is pending and your application was timely. This won’t apply, however, if they decide before the 240 days elapse.

    You must be careful if your current non-immigrant visa doesn’t have work authorization. Engaging in illegal employment comes with various consequences including:

    • Invalidation of ongoing visa procedures including extension of stay applications
    • Termination of current visa status
    • Removal and deportation procedures
    • Ban on re-entry into the U.S.

    What if My Application for Extension of Stay Is Declined?

    You have several options when your application for extension of stay is declined. But it’s also important to figure out why it was declined. Some of the common reasons include an inaccurate and incomplete application, violation of your current visa and insufficient demonstration of eligibility. Your application may also be declined if you have a criminal record.

    The best way to deal with rejection is to rely on the best representation by your Kats Immigration Law attorney to explore other options. They can assist you in several ways, including:

    Schedule Consultation (973) 626-1177

    What Common Mistakes Should I Avoid?

    The most common mistake is submitting an incomplete and inaccurate application. Failure to disclose some facts like visa violations is also a grave but common mistake, as are late submissions. Kats Immigration Law offers guidance in this process, minimizing these common mistakes. Other services your NYC lawyer provides to mitigate errors include:

    • Conducting an eligibility evaluation to ensure you fit the requirements
    • Reviewing required documentation and information for errors and omissions
    • Providing timelines and alerts to ensure your application is on time
    • Guiding you on demonstrating justification for an extension
    • Helping with continued compliance and eligibility of the current visa

    Competent legal help contributes enormously to a successful extension of stay in the USA. Kats Immigration Law attorneys stay with you through the entire immigration extension of stay procedure. Contact Kats Immigration Law today to continue staying legally in the U.S. and achieving your goals.

    Kats Immigration Law

    2365 Nostrand Avenue,
    Suites 106, 107,
    Brooklyn, NY 11210
    (973) 626-1177

    Updated on Oct 11, 2024 by Alina Kats (Immigratioon Lawyer) of Kats Immigration Law