Q: Can I still extend my stay in the USA now, even though I was expected to fly back by October 1st?
I have a B1/B2 visa, that is valid until March 2020. I am currently in the USA, and this is my sixth month here. My visa also has been stamped with a date that expects me to fly back to my homeland. It says October 1st. It is October 17th now, and I am thinking of extending my stay for another 6 months. Is it too late to do so? Will my visa be cancelled if I request to extend my stay?
A: At this point your application to extend your status will not be timely and therefore not filed correctly. It is too late to extend your status, you will have to exit the United States.
A:
You are a little vague on details.
You are eligible to stay in the country for the allotted time period (see entry stamp or I-94). You start accruing unlawful presence if you leave even one day later.
While there is no deadline associated with filing an extension, USCIS recommends doing so no less than 45 days prior to the expiration of your current status. If you file now, your status could be extended; however, if you are currently out of status, you will have to come up with a very good reason why USCIS should extend your status; it is unlikely that simply wanting to stay another six months will be enough. Also, if the request is denied, you will have significant unlawful presence accrued which could impact your ability to return to the U. S.
I hope this helps!
A:
While USCIS gives no deadline before which a change or extension of status must be filed, it recommends doing so no later than 45 days before the current status expires.
You will need a good reason to extend your status at this point. It is unlikely that USCIS would extend your stay simply because you want to be in the United States longer than originally planned.
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