In an earlier post, we explored a few of the procedures that apply to World Cup fans seeking to re-enter the U.S. after visiting a host city in Canada or Mexico. In this post, we discuss how fans whose teams advance can apply to extend U.S. visitor status and stay longer than their original I-94 allows.
- Always check your I-94 online after each entry, and never stay past the Admit Until date without filing a proper extension request.
- File Form I-539 or I-129 with USCIS before your I-94 expires to extend status; a pending, non-frivolous application lets you remain lawfully.
- Your visa and I-94 are different: the visa lets you seek entry, the I-94 controls how long you can stay; ESTA visitors cannot extend and must depart.
My Team Advanced: How to Extend U.S. Visitor Status
It’s the scenario many of us are dreaming of: our team performs well and advances out of the group stage and into the knockout stage, the quarter-finals, semi-finals, or even the final.
But don’t let your daydreams distract you from complying with the admit until date on your I-94. Because the consequences of an overstay will last long after that final World Cup game.
The fundamental point to remember is that, once you have entered the U.S., the Form I-94 controls how long you can stay in the U.S. Your visa has nothing to do with the length of time you can stay in the U.S. (A visa allows you to seek entry into the U.S., but does not control how long you can stay in the U.S.).
It is for this reason that we always recommend – on each and every visit – that a visitor check their I-94 online (here) and be sure to note both the Admit Until date and the Status.
Understand Your I-94 to Extend U.S. Visitor Status
Why should you go online and check your I-94 status and Admit Until date on each and every entry?
The status noted on the I-94 defines what you are allowed to do in the U.S. Is your status TN? You can work for your TN employer. TD? You can study but not work. B2? You can neither study nor work (but you can attend a World Cup soccer game, fortunately).
The Admit Until date, on the other hand, is the last date you can stay in the U.S. on that I-94. If, before the Admit Until date, you do not either leave the U.S. or apply for an extension of status, you are accruing unlawful presence, which can lead to your visa being cancelled and compromising any future applications for an immigration benefit.
If you accrue between six months and a year of unlawful presence, you can face a three-year bar from entering the U.S.; if you accrue more than a year of unlawful presence, you can face a ten-year bar from entering the U.S.
The tricky thing is that Customs and Border Protection (CBP) officers have discretion to issue an I-94 for less than the normal period of time that is given. So, if you’re entering on your B-2 visa, you should always get six months of status, right? Wrong.
There are plenty of examples of people being admitted for a period shorter than six months, so be sure to check your I-94 on every entry so that you can comply with that Admit Until date.
The big point: always check your I-94 online after each and every entry, and don’t stay in the U.S. after your I-94 expires unless you have applied to extend your status.
Step-by-Step: How to Apply to Extend Your Status
In order to extend your status, you must apply for an extension of status through U.S. Citizenship and Immigration Services (USCIS). This is typically done by filing either a Form I-539 (if you are in the U.S. in a non-work status, such as a B-2 visitor visa) or a Form I-129 (if you are in the U.S. in a work status, such as TN or E-2).
An applicant is able to stay in the U.S. while the extension application is pending – so long as they submit the application before their I-94 expires and the application is legitimate and not frivolous.
The length of the extension you can request depends on the type of status you are extending. For example, a B-2 visitor can generally receive an additional six months of status with each extension application, while an E-2 investor can typically receive an additional two years of status.
If your application to extend status is approved, you will receive an Approval Notice from USCIS (called an I-797) that will contain, on its bottom left corner, a new I-94 with a new Admit Until date. Hold on to that new I-94 – it is your proof that you are in valid status.
Remember that your visa has nothing to do with the length of time you can stay in the U.S. When you apply to extend your status, you are not extending your visa. For example, if USCIS approves your application to extend your status and you leave the U.S. while your I-94 is valid but your visa has expired, you will be unable to re-enter the U.S. Instead, you must apply for a new visa to re-enter (remember: the purpose of a visa is to give you the ability to seek admission into the U.S.).
Also, an important note: you cannot extend your status if you are visiting the U.S. on ESTA (also referred to as the Visa Waiver Program). If you are on ESTA, you will typically be given no more than 90 days in the U.S. After, that, your only option is to leave the U.S. before your I-94 expires.
As noted below, you can typically request to be re-admitted into the U.S. – if CBP admits you back into the U.S., they will sometimes, but not always, issue you a new I-94, so it is also important to check your I-94 online when you enter on ESTA.
Understanding the Risks of Extending Your Stay
Yes, as with anything in U.S. immigration, there are risks to be aware of.
First, there are certain factors that could make an extension application less likely to be approved. For example, if anything in your immigration history suggests you might intend to stay in the U.S. permanently rather than only as a temporary visitor, this could result in a denial. This is why those who have previously overstayed their I-94 Admit Until date could have a hard time receiving an extension.
Even those who have not overstayed their I-94 but who make frequent or long visits to the U.S. on a visitor visa might have a hard time extending their B-2 visitor status.
Similarly, any past immigration violations could result in a denial. This is one reason why working in the U.S. without authorization is strongly discouraged.
To improve your chances of receiving an approval on your extension application, include in your application evidence that makes it clear that you have a clear plan for how you will spend the additional time (such as by attending a World Cup match), that you have ties to your home country (a bank account with a balance, ownership of property, etc.), and ideally that you have consistently complied with immigration laws and regulations in the past.
Also, consider only asking for the additional time you need. For example, if you need an extension to attend a game in two weeks, consider only asking for a couple weeks rather than six months.
One more “risk” worth mentioning is less a risk than a cost – the cost of the application. The filing fee for an I-539 at the time of writing is $470, which is usually more expensive than simply leaving the U.S. and re-entering.
Alternative Options If You Cannot Request an Extension
If you either cannot apply for an extension (which is the case for those on ESTA), or you don’t want to apply for an extension, you must leave the United States before your I-94 expires.
While this usually tends to be less expensive, faster, and simpler than applying for an extension with USCIS, there are a few things to keep in mind:
If you leave the U.S. and re-enter, you will usually be given a new I-94 with a new Admit Until date. Similar to what was mentioned earlier, the length of time you are given on a new I-94 depends on the visa you use to enter. For example, a B-2 visitor will usually be given six months of status, while an E-2 investor will usually be given two years of status.
In spite of the point made above, if you have a visitor visa (B-2), are entering on ESTA, or are a Canadian entering as a visa-exempt visitor, be prepared for CBP to scrutinize you and possibly deny you entry if you have either made frequent trips to the U.S. or have stayed in the U.S. for an extended time in the recent past.
Also, if you have any history of immigration violations (such as overstaying your I-94 or working without authorization), there is a good chance that CBP will be aware of this and will, at a minimum subject you to thorough questioning if not deny you entry.
Having a valid visa, ESTA, or being visa-exempt does not entitle you to enter the U.S., only to request admission to the U.S. So always be respectful to the officer, who has essentially unrestricted discretion to decide whether you can enter the U.S. and enjoy that knockout round match, or not.
