Extending tourist visa

[lovinglive 24]

Hello all, 

 

Thank you in advance for your help in addressing this question.  

 

My partner is in the US on a tourist visa.  We are interested in getting an extension.  According to this link (USCIS) you can apply for an extension to your stay.  But it doesn't say anything about what your chances are to get an extension, what the criteria are, etc.

 

According to your knowledge, are these requests for extension normally approved?  In what percentage of cases?  Is there some criteria that they use in order to decide whether to extend the visa?  If so, what are those criteria?

 

If they approve an extension, how long is it normally for?

 

Thank you for your replies!

[JeanneAdil 6,542]

Reading from previous post (and some were pre covid) the extension does not happen fast and if the request is not reviewed before your partner is to depart,  he/she will have an overstay

 

[Boiler 45,657]

No two cases will be the same as to why somebody needs to extend their visit. Or for that matter how much longer they need.

 

Legitimate requests seem to be routinely approved.

[Unlockable 7,315]

Don't know the exact percentage but if you don't have a compelling reason then suspect an extension denial. And if there is a denial, then your partner is at risk of overstaying which will then lead to them losing their visitor visa.

 

The main problem with visitor visa extensions is they take a long time to get a decision. And they are at the bottom of the list for importance so there is no need to rush. That is why your partner is at a risk of overstaying. 

[lovinglive 24]

18 hours ago, JeanneAdil said:

Reading from previous post (and some were pre covid) the extension does not happen fast and if the request is not reviewed before your partner is to depart,  he/she will have an overstay

 

According to this link, path2usa.com it seems to say that as long as you apply before your stay ends (and 45 days before is recommended), you are essentially granted an extension of up to 240 days.

 

Then if you are ultimately denied an extension, you have about 30 days from the date of their letter informing you, to leave the country.  

 

If you are denied, in the future, you can provide all this documentation to demonstrate what happened.

[lovinglive 24]

19 hours ago, Unlockable said:

Don't know the exact percentage but if you don't have a compelling reason then suspect an extension denial. And if there is a denial, then your partner is at risk of overstaying which will then lead to them losing their visitor visa.

 

The main problem with visitor visa extensions is they take a long time to get a decision. And they are at the bottom of the list for importance so there is no need to rush. That is why your partner is at a risk of overstaying. 

Thanks unlockable, 

 

I am new to this part of it, so please excuse any mistakes.  According to this link once you apply for your extension, you are not necessarily accountable for an overstay, as long as you show your rejection letter when leaving the US.  Once your rejection letter has been sent, you have 30 days to leave the US.  

 

It sounds relatively generous.  Will keep digging into this.

 

Thanks again for your response. 

[Unlockable 7,315]

2 hours ago, lovinglive said:

Thanks unlockable, 

 

I am new to this part of it, so please excuse any mistakes.  According to this link once you apply for your extension, you are not necessarily accountable for an overstay, as long as you show your rejection letter when leaving the US.  Once your rejection letter has been sent, you have 30 days to leave the US.  

 

It sounds relatively generous.  Will keep digging into this.

 

Thanks again for your response. 

You are correct that the visitor is not accruing overstay while an extension is being reviewed. But that website you posted is not correct nor does it link any sources that you have 30 days to leave. Because if that was true, that would be a huge loophole that every visitor that wants to stay long would exploit. Think about it, all they would have to do is stay for 6 months then when it is close for them to leave, they would simply file an extension. Even if they don't get approved they would be safe and have added a few months to their stay.

 

That is not how it works. If they are denied, they have to leave immediately and the if they are passed their original leave date then that means they have overstayed. They would not be protected simply because they sent in an extension.

[JeanneAdil 6,542]

35 minutes ago, Unlockable said:

You are correct that the visitor is not accruing overstay while an extension is being reviewed. But that website you posted is not correct nor does it link any sources that you have 30 days to leave. Because if that was true, that would be a huge loophole that every visitor that wants to stay long would exploit. Think about it, all they would have to do is stay for 6 months then when it is close for them to leave, they would simply file an extension. Even if they don't get approved they would be safe and have added a few months to their stay.

 

That is not how it works. If they are denied, they have to leave immediately and the if they are passed their original leave date then that means they have overstayed. They would not be protected simply because they sent in an extension.

That was my understanding from previous posters that were surprised when they received overstay after applying for an extension

 

[lovinglive 24]

Spoiler

 

OK, I'll keep working on it, thanks