Just because your U.S. tourist visa is expiring does not mean your life in the United States is over. There are several options you might want to consider that will allow you to lawfully remain in the United States. Each option has specific requirements and timeframes, so it is important to start researching and preparing well before your current visa expires. In this informative article, we will explore some of the most common pathways for staying in the U.S. after your tourist visa reaches its end date. Read on to learn more about the various options available to you.
While B-1 and B-2 visa statuses are usually granted for up to 6 months, you may be able to extend your US B-1 or B-2 visa stay for a further maximum of 6 months. You can apply for the extension by filing Form I-539, Application to Extend or Change Nonimmigrant Status. It is crucial to file the form before your current visa expires, so do not wait until the last minute to apply. The USCIS recommends sending in your application about 45 days before your B-1 or B-2 visa expires. In your application, you will have to prove a written statement detailing your reason(s) for staying in the U.S. as well as evidence of return tickets. If your application is approved, your records will be updated with a new departure date from the U.S.Â
It is essential to note that not all tourist visa holders are eligible to apply for an extension. For instance, you may not apply to extend your stay if you were admitted to the United States through the Visa Waiver Program (VWP).
B-1 and B-2 visas are valid for up to 10 years after issuance, allowing individuals to travel to the United States for stays of up to 6 months at a time. If the 10 year mark of receiving your B visa is approaching, it is time to renew it in order to properly prepare for future travel to the U.S. You can apply to renew your visa in the U.S. Embassy or consulate in your home country. The process for renewing the visa is almost identical to the process of applying for the visa the first time. You must complete Form DS-160 (Online Nonimmigrant Visa Application), upload an identification photo and pay the required fees. Lastly, you may be required to attend a tourist visa interview. However, the U.S. Interview Waiver Program (IWP) allows eligible applicants to renew their B visas without an in-person interview. To find out if you qualify for this streamlined process, consult with your immigration attorney.
Following your time in the United States as a visitor, you may find yourself inspired to pursue educational opportunities in American institutions. Converting from a B-1/B-2 tourist visa to an F-1 student visa requires careful planning and adherence to immigration regulations. This process begins with securing admission to a SEVP-certified institution, after which the school's Designated School Official will issue Form I-20, officially certifying your eligibility to enroll. Timing is particularly crucial in this transition; applications filed within 90 days of entering the U.S. on a B visa may trigger concerns about preconceived intent. On the other hand, filing to change your status too close to your B visa expiration date is also risky. Speak with your immigration attorney to coordinate your exact application timeline.
In some situations, B-1 or B-2 visas can be converted to H-1B visas. HB-1 visas, which are one of the most popular non-immigrant visa options issued by the USCIS, allows employers to temporarily hire foreign workers for specialty occupations. Employment under H-1B visas must be of temporary nature and for a limited period of time. The transition from a visitor visa to an H-1B professional visa involves several critical steps. For instance, you must obtain a job offer from a U.S. employer willing to sponsor your H-1B petition. If your B visa status remains valid throughout the H-1B application process, you may request a change of status without leaving the U.S.
Adjustment of Status (AOS) is a process that allows eligible individuals to apply for lawful permanent resident status (green card) while remaining in the United States. However, it is important to understand that simply having a tourist visa that is about to expire does not automatically qualify you for this process. To apply for adjustment of status, you must file Form I-485 (Application to Register Permanent Residence or Adjust Status) along with proof of eligibility such as documents that demonstrate family ties to current U.S. citizens or lawful permanent residents. Moreover, you must maintain lawful status during your stay and no preconceived intent to immigrate in order to qualify for adjustment of status.Â
Is your tourist visa coming to an end but you are not ready to leave the U.S.? You may have legal options available to extend your stay. Our network of experienced immigration attorneys at Attorney At Law is here to help. We can evaluate your current visa status, ensure compliance with all USCIS guidelines and develop unique strategies tailored to your personal circumstances. Schedule a consultation today to learn more.
