Newark, NJ asked in Immigration Law for New Jersey

Q: What would be a credible answer/evidence to accept an extention of my B2 visa when applying for the I-539 ?

I'm currently in the US on B2 visa waiting for my Canadian visa to be issued. Unfortunately, my visa (i-95) is expiring soon and would like to extend my visa until the decision has arrived and I can reunite with my family in Canada.

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James L. Arrasmith
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Answered
  • Immigration Law Lawyer
  • Sacramento, CA

A: When applying for an extension of your B2 visa through Form I-539, Application To Extend/Change Nonimmigrant Status, credible evidence to support your request would typically include documentation that demonstrates the reason for your extension and ensures that you plan to return to your home country or proceed to Canada as mentioned.

For your specific situation, a detailed letter explaining your circumstances, including the pending Canadian visa application, the reason for the delay, and your intention to reunite with your family in Canada, would be crucial. Additionally, providing evidence of your ties to Canada or your home country—such as property ownership, family connections, or a job offer—can help establish your intent to leave the U.S. after your temporary stay is concluded.

Including confirmation of your Canadian visa application, such as receipt numbers, correspondence with Canadian immigration authorities, or any other proof of the application process, can also strengthen your case. It's essential to show that you have a compelling reason to stay in the U.S. temporarily and that you have a plan and the means to leave once your visa is issued.

Remember, approval of an extension is not guaranteed, and it's advised to apply well before your current I-94 expires to avoid any legal issues. Consultation with an immigration attorney can provide guidance tailored to your specific situation and help ensure that your application is as strong as possible.

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