Tourist Visa Extensions

If you are approved for a tourist visa, you will typically be permitted to stay in the United States for a period of six months. If that turns out to be not enough time for you, you may request an extension of your visa. If you are successful, you can receive a maximum of six more months on your visa.

What is a Tourist Visa?

If you are a citizen of another country and you want to travel to the United States for tourism, you will need to obtain a tourist visa. Also known as a B-2 visa or a visitor visa, a tourist visa is a temporary nonimmigrant visa issued to persons traveling to the United States from another country for vacation, visiting friends or family, or other forms of tourism.

Besides general tourism, a tourist visa may also be appropriate for other reasons, such as if you intend to:

• Receive medical treatment at a U.S. medical facility
• Take a short recreational course (i.e., not one for a degree, but for a course like cooking classes or hourly wine-tasting events where an instructor teaches you how to identify wine profiles)
• Partake in social events or amateur contests

According to U.S. immigration law, you must meet certain requirements to qualify for a tourist visa. You will need to prove all of the following:

• The sole purpose of your trip is to gain entry into the United States for tourism-related reasons temporarily
• If you intend to stay in the United States for a limited period, this is accomplished by showing that your airline ticket is round-trip.
• That you have enough money to last for the duration of the trip
• That you have a residence and other strong ties in another country and that you intend to return to that country at the end of your trip

When Should I Submit a Tourist Visa Extension?

The process to obtain a tourist visa extension can take several weeks. If you wish to apply for a tourist visa extension, you should apply at least 45 days before your visa expires. Applying in advance will ensure that there is enough time to process a tourist visa extension and that you will not risk being penalized for overstaying your visa limits.

What Are the Eligibility Requirements for a Tourist Visa Extension?

As mentioned, a tourist visa is only valid for up to six months. Thus, those who wish to stay must apply to extend their tourist visa before the six-month time frame lapses. A tourist visa may be renewed for a maximum of six months. To qualify for a tourist visa extension, a foreign-born national will need to do the following:

• Submit their application for an extension on a timely basis
• Demonstrate that their initial entry into the United States based on a B-2 visa was obtained lawfully and not through fraudulent means
• Show that their current visa status is still valid and has not yet expired
• Assert that they did not commit any crimes that would prevent them from being approved for a tourist visa extension
• Have a valid passport during their entire trip in the United States

What If I Missed the Filing Deadline for a Tourist Visa Extension?

Sometimes, if you miss the filing deadline to apply for a tourist visa extension or if your current visa lapses before an extension is fully processed, the application may still be accepted. You will have to provide the following information:

• That the delay in filing was due to extraordinary circumstances that were beyond their control (e.g., a medical emergency)
• That you have not acted in any manner that would be considered a violation of nonimmigrant status conditions
• That you still intend to remain a nonimmigrant and are not delaying to file for lawful permanent resident status (a green card)
• That you are not currently involved in any formal removal (deportation) proceedings

Are There Any Alternatives to Applying for a Visa Extension?

There is one alternative to applying for a visa extension that is available to tourist visa holders: filing for lawful permanent resident status. Note that you must choose between applying for an extension and applying for permanent residence. Filing for lawful permanent resident status will automatically bar you from obtaining a visa extension.

The reason is that the two visas are mutually exclusive. In applying for permanent residence, you attest that you want to remain in the U.S. indefinitely. In contrast, in applying for a visa extension, you attest that you intend to be in the United States for only a short period.

It takes 1 – 3 years to gain permanent residency. If you are in the U.S. when you apply, the U.S. government expects you to return home and wait. However, you will not necessarily have to wait out the full application processing time because, after 1 year, you can re-apply for a different type of visa. So long as you did not violate the conditions of your tourist visa or any other U.S. immigration law, a new visa will allow you to re-enter the United States while you wait for your permanent residence application to be processed.

Common Concerns with Tourist Visa Extensions

Tourist visas are one of the most sought-after types of nonimmigrant visas. Unfortunately, their conditions are often violated by people who intentionally or mistakenly overstay their visas. This has led to them becoming one of the most highly regulated visa forms.

Foreigners who violate a tourist visa or an extension will be ordered to immediately depart from the United States and return to their home country. Such violations can also prevent a nonimmigrant traveler from being allowed to return to the United States. Some other concerns regarding tourist visa extensions include:

• Applicants should be aware that those who enter the United States on a tourist visa but intend to get married during their stay may be found to have committed immigration marriage fraud
• A common concern with tourist visa extensions is that applicants may run out of money to fund their stay in the United States. Since foreign-born nationals are not permitted to obtain work on a tourist visa, they should make sure they have enough money to last throughout not only their initial tourist visa period but also throughout their time on an extended visa.
• Another concern with a tourist visa extension is if an applicant files too early. While an applicant should not delay as it gets closer to their visa lapsing, those who file immediately upon entry into the U.S. may lead immigration officials to believe that they intend to stay longer than for a temporary period. Such acts can disqualify an applicant from receiving a tourist visa or an extension.
• Any action that indicates to immigration officials that a foreign tourist intends to stay in the United States longer than they are permitted to by their visa will give rise to suspicion of a violation.

It is very important that a foreign-born national adhere to the conditions specified by their tourist visa. This will help ensure that they are not only approved for an extension but also so that they do not incur immigration penalties.

Do I Need a Lawyer for a Tourist Visa Extension?

As discussed above, if you intend to apply for a tourist visa extension, it may be in your best interest to hire a local immigration lawyer for further legal guidance. An experienced immigration lawyer can assist you with applying for an extension and can ensure that you meet all of the necessary filing deadlines.

Your lawyer can also assist you in gathering the required documents to support your visa extension application, as well as make sure that it contains no errors that would lead to a delay in processing. Additionally, if you have overstayed your current visa or have missed the deadline for filing, your lawyer can help you navigate the potential legal issues that might arise in connection with an expired tourist visa.