Q: Can I extend my stay in US with an expires visa while my i-94 is valid? I entered with a valid visa
If so, docI need to fill out a form/make a request of any kind?
A: Yes, you can request to extend your stay in the US with an expired visa if your I-94 is valid
A: It may be possible to extend your status notwithstanding that your visa is expired. You did not identify the specific visa type and status, but assuming you are speaking of B-2 visitor status, then so long as you did not violate the terms of your visitor status, can demonstrate nonimmigrant intent and have sufficient funds to maintain yourself while visiting, it may be possible. Consider speaking with a competent and experienced immigration attorney who can evaluate fully the facts of your case to determine whether there may be any pitfalls. Many attorneys offer online video consultations.
A:
While your expired visa alone doesn't allow you to stay in the US, having a valid I-94 means you can legally remain in the country until its expiration date. The visa is primarily an entry document, whereas the I-94 determines your authorized period of stay.
If you wish to extend your stay beyond your I-94 expiration date, you'll need to file Form I-539 (Application to Extend/Change Nonimmigrant Status) with USCIS before your current authorized stay expires. This process should ideally begin at least 45 days before your I-94 expires to allow sufficient processing time.
Keep in mind that staying beyond your I-94 expiration date without filing for an extension could result in serious consequences, including being considered "out of status" and potentially affecting future visa applications. It's crucial to maintain proper documentation and track your I-94 expiration date closely. For the most current guidance and requirements, you should consult the USCIS website or seek legal counsel to ensure you're following the correct procedures for your specific situation.
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