Immigration law is ever-evolving, and you may be confused as to what you need to do in order to legally stay in the country. If you are in need of extending your visa this year, what are your options?

While this blog will outline some of the basics regarding immigration visas and laws, it is always recommended that you consult with an immigration attorney when seeking a change of status. An experienced immigration lawyer can help you to review your current papers, assess the situation, assist with your application and represent you if necessary.

Visa vs. Green Card

Because visas and green cards both permit non-United States citizens to stay in the country, they are often mistaken as interchangeable. But visas and green cards are different documents.

A visa permits an individual to enter the United States for a determined time and specific purpose, however their permanent residence is still outside of the country. In contrast, a green card gives an individual permanent resident status in the US. Green cards offer benefits and perks which are not included in a visa status.

Note: The term “immigration visa” may be used interchangeably with the term “green card”. This is not the same class of document as a non-immigrant visa. An immigration visa is much more difficult to obtain, as eligibility requirements are strict and numbers of recipients are limited.

To Extend Your Visa (Non-Immigrant)

Most nonimmigrant visa holders are permitted to submit an extension using the I-539 (Application to Extend/Change Nonimmigrant Status) Form. Excluded visa holders include those who:

Were admitted as part of a visa waiver exemption
Were admitted as a crew member. (“D” nonimmigrant visa)
Were in transit through the U.S. (“C” nonimmigrant visa)
Were admitted as a fiancé or dependent of a U.S. citizen. (“K” nonimmigrant visa)
Were admitted as an informant. (“S” nonimmigrant visa)

For all other non-immigrant visa holders, the basic steps to apply for an extension are:

Check the relevant dates stamped on the arrival travel documents. These include the date of your arrival, the visa you will receive, and the expiration date. If documents have been misplaced, the I-94 can be found on the USCIS website.
An I-539 request should be submitted no less than 45 days before the expiration date.
Depending on the admission class stated on the I-94, the submission process may vary. an applicant should refer to the I-539 instructions for the full list of eligible nonimmigrant categories, and the specific submission process for each one. A spouse and any unmarried minor children may be included on the same I-539, and if an extension is granted, the time frame will apply to all applicants.
Depending on the class of admission, required documentation will vary. Applicants should send copies of requested documents, which must be accompanied by a translation if provided in any other language than English.
Regardless of the class of your admission or the documents involved, there is fee required to submit an I-539 to extend your visa. ($290 check or money order, at the time of this writing.) Some applicants will be required to make a biometrics service appointment. The need for this appointment will be determined by the USCIS, and will require an additional $85 fee.

Once again, it is important to note that there are many nuances to the visa immigration process. If you are considering extending your visa in 2020, call a local immigration attorney for assistance. If you make a mistake or don’t apply on time, you may be denied your extension and be required to leave the country.

We can help. Probinsky & Cole are proud to represent immigrant cases with skill and compassion. Don’t try to navigate the system on your own. Call us today.