US visitor visas provide foreign nationals with temporary entry to the United States, typically for stays of up to six months. If a longer period in the country is required, it is important to follow US immigration rules on extensions or status changes. Failing to do so risks falling out of lawful status, which can have significant consequences for future travel to the US. Not every visitor will qualify for an extension, and in some cases an alternative visa option must be considered. Remaining in the country beyond the date authorised by US immigration officers is a violation of law and may result in reentry bans.
This guide explains how US visitor visa holders can lawfully extend their stay. It sets out the rules on extensions, the process for applying to extend visitor status or to change to another nonimmigrant category, and the implications of overstaying without approval.
Section A: Visa validity and entry rules
The US visitor visa is a nonimmigrant visa granted to foreign nationals who wish to enter the country temporarily for unpaid business activities (B-1 visa), for tourism or leisure (B-2 visa), or for a combination of both. The maximum period of admission on a single entry is generally up to six months.
A visitor visa is granted overseas by a US Embassy or Consulate and allows the visa-holder to travel to the United States. On arrival, admission is not guaranteed. Instead, US Customs and Border Protection (CBP) officers decide at the port of entry whether to admit the traveller. If admission is approved, CBP will issue an admission stamp or Form I-94 (Arrival/Departure Record), setting out the authorised period of stay.
The visa itself indicates the validity period and whether it is single or multiple entry. It does not guarantee the length of stay. The I-94 record is the controlling document for lawful presence inside the United States. In some cases, it may be possible to apply to extend this period for up to an additional six months, provided the total stay usually does not exceed one year. Any request must be filed before the expiry date shown on the Form I-94.
1. Consequences of overstaying without extension
Remaining in the United States beyond the date authorised on Form I-94 without an approved extension places the individual out of lawful status and begins the accrual of unlawful presence. Even brief overstays can have serious consequences.
| Length of overstay | Immigration consequence |
|---|---|
| 1–179 days | Unlawful presence accrues. No automatic reentry bar, but under INA 222(g) the visa is automatically void and future visa applications will be closely scrutinised. |
| 180–364 days | Triggers a three-year reentry bar once the individual departs. Any valid visa becomes void. |
| 365 days or more | Triggers a ten-year reentry bar after departure. Visa voidance applies and future immigration prospects are significantly harmed. |
| Any overstay plus removal order | Results in a formal deportation record, carrying additional long-term bans and restrictions on future visas. |
It should also be noted that if a timely and non-frivolous application to extend status is filed before the I-94 expires, unlawful presence will not normally accrue while the case is pending. If denied, however, unlawful presence will be counted back to the I-94 expiration date.
2. Can you extend a visit if you travelled under ESTA?
The Visa Waiver Program (VWP) permits nationals of participating countries to travel to the United States for business or tourism without a visa, provided the visit does not exceed 90 days. Travel under this scheme requires an approved Electronic System for Travel Authorization (ESTA).
Travellers admitted under ESTA are not eligible to extend their stay beyond 90 days or to change status to another nonimmigrant category. They must depart before the ESTA period ends. Very limited exceptions exist, such as adjustment of status as the immediate relative of a US citizen or an asylum claim.
3. Status changes
It is important to distinguish between an extension of stay and a change of status. An extension of stay permits the individual to remain in the United States longer in the same visitor classification, with the same restrictions as originally admitted. A change of status, however, involves moving into a new nonimmigrant category, such as student (F-1) or temporary worker (H-1B). Each requires its own filing, supporting evidence, and eligibility criteria. Applications for change of status are scrutinised closely, particularly if USCIS suspects the applicant misrepresented their intent at the time of entry. The “90-day rule” is often applied to assess whether a visitor acted inconsistently with their declared purpose soon after admission.
Section B: Extending visitor status in the US
A visitor admitted under a B-1 or B-2 visa must either depart the United States before their authorised stay expires or apply for an extension of stay in advance. Applications must be submitted to US Citizenship and Immigration Services (USCIS) before the I-94 expiry date, and only if all eligibility conditions are met.
To qualify, the applicant must:
- have been lawfully admitted to the United States with a B-1 or B-2 visa
- remain in valid nonimmigrant status at the time of filing
- have committed no offences that make them ineligible
- have complied with all conditions of admission
- hold a passport valid for the full requested extension period
The expiry date can be found on the admission stamp or at the bottom right-hand corner of Form I-94. USCIS recommends filing at least 45 days before the period of stay ends to reduce the risk of overstaying while the case is processed. Failure to apply for or secure an extension before the I-94 expiry will place the visitor out of status, with visas voided under INA 222(g) and possible deportation consequences.
Section C: How to apply for a visitor visa extension
An application to extend visitor status must be filed on Form I-539 (Application to Extend/Change Nonimmigrant Status) with USCIS before the authorised stay expires. Along with the form, applicants must submit a supporting statement explaining:
- the reason for requesting an extension
- evidence the stay remains temporary, including departure arrangements
- the impact of the stay on employment or residence abroad
Supporting documentation should be detailed and consistent. Applicants must demonstrate they have sufficient financial means, intend to depart at the end of their stay, and maintain strong ties to their home country.
| Requirement | Summary |
|---|---|
| Lawful admission | Admission in B-1 or B-2 status with valid Form I-94 |
| Valid status | Status must be valid on the date USCIS receives the application; late filings need evidence of extraordinary circumstances |
| No violations | No unauthorised employment or study, and no breach of admission terms |
| No criminal ineligibility | No offences causing inadmissibility |
| Valid passport | Passport must remain valid for the requested extension |
| Temporary purpose | Activities consistent with visitor status (tourism, business meetings, medical care) |
| Financial means | Proof of ability to support self without working in the US |
| Ties abroad | Evidence of employment, property, or family outside the US |
| Departure plans | Confirmed arrangements for departure after the visit |
| Not ESTA/VWP | Entrants under ESTA or VWP cannot extend, subject to narrow exceptions |
1. Required documents
Applicants should include:
- Form I-94 (Arrival/Departure Record)
- copy of passport identity page and admission stamp
- evidence of temporary purpose (e.g. medical letter, travel itinerary)
- proof of financial resources to cover the extended stay
- evidence of ties abroad (e.g. employment confirmation, property documents, family commitments)
- proof of departure plans such as return tickets
2. Processing times
After filing, USCIS issues a receipt notice with a 13-digit case number, which can be used to check progress online. Processing times vary by service centre and are published on the USCIS website. If the application is filed before the I-94 expires, the applicant will usually be considered in a period of authorised stay until USCIS makes a decision. If approved, the status is backdated to the I-94 expiry date. If denied, unlawful presence is generally counted from the original expiry date.
3. Fees, interviews and re-entry
The USCIS fee for Form I-539 is currently $470 if filed online and $520 if filed by paper (April 2024 schedule). The previous $420 figure is no longer accurate. Biometric fees are generally not required but may be requested in some cases. USCIS also retains discretion to require an interview.
A visitor visa is typically issued as a multiple-entry document, valid for several years depending on reciprocity agreements. However, CBP officers assess each entry independently. Frequent or extended stays can lead to suspicions of misuse, and admission may be refused if CBP believes the visitor is using the visa to live in the United States.
Section D: Common reasons USCIS denies visitor visa extensions
Even when filed correctly and on time, many extension requests are refused. Common reasons include:
- failure to show strong ties abroad, such as employment, property, or family
- insufficient evidence of financial support
- inconsistencies between the stated purpose and prior immigration history
- late filing without good cause
- suspected intent to remain permanently or to work without authorisation
Applicants should file early, ideally 45 days before the I-94 expiry, and provide thorough supporting evidence. Financial documents, proof of accommodation, and clear return plans are critical. Strong evidence of binding ties abroad increases the likelihood of approval.
If denied, the applicant must usually leave immediately. Unlawful presence is counted from the I-94 expiry, not the decision date, and any B-category visas in the passport are voided. There is no formal appeal, though in limited cases a motion to reopen or reconsider may be possible. Most individuals must depart promptly to avoid harsher penalties.
Section E: Adjustment of status
Visitors whose circumstances change may consider applying to move into another immigration category, such as student or employment-based status. These requests are filed with USCIS using the appropriate form (Form I-539 or Form I-129, depending on the category). Adjustment to permanent resident status may also be available in limited cases, usually through immediate family sponsorship.
However, USCIS scrutinises such applications closely. Officers examine whether the individual misrepresented their intentions at entry. Frequent patterns of arriving as a visitor and then seeking new status can harm credibility. The “90-day rule” guides officers in assessing whether an applicant acted inconsistently with their declared visitor purpose soon after arrival.
A B visa does not authorise employment or full-time study. Attempting to change into a work or study visa without genuine new circumstances can lead to refusal and long-term immigration difficulties. In many cases, departing the US and applying abroad for the correct visa is a more credible route. Legal advice is strongly recommended before pursuing a change or adjustment of status.
Section F: Need Assistance?
NNU Immigration are US visa specialists. We advise on visitor status extensions, changes of status and options if your circumstances have changed. If you need guidance on eligibility, evidence preparation, timelines, or strategy (including whether to extend in-country or apply from overseas), our team can assist.
Section G: US Visitor Visa Extension Guide FAQs
Can a US tourist visa be extended?
A tourist (B-2) visit is generally admitted for up to six months. Where justified and filed before I-94 expiry, a further period—often up to six additional months—may be granted, with the total continuous stay usually capped at around one year in standard cases. Approval is discretionary and evidence-driven.
Can I stay in the USA for six months every year?
There is no automatic right to six months on each entry. CBP decides admission and length of stay case by case. Repeated long visits can trigger scrutiny for de facto residence and may lead to shortened admissions or refusal of entry.
How much does it cost to extend a tourist stay in the USA?
The USCIS filing fee for Form I-539 is currently $470 if filed online and $520 if filed by paper (April 2024 fee schedule). Biometric fees are generally not required but can be requested in specific cases. Fees are non-refundable if the application is denied.
Can I apply to extend my visitor status?
Yes, if you continue to meet B-1/B-2 requirements: lawful admission, valid status at filing, no violations, valid passport, temporary purpose, financial means, ties abroad, and credible departure plans. File before your I-94 expires; late filings require strong evidence of extraordinary circumstances.
Does time pending on a timely I-539 count as unlawful presence?
Generally, if you file a non-frivolous I-539 before your I-94 expires, unlawful presence does not accrue while the application is pending. If USCIS later denies the application, unlawful presence typically counts back to the I-94 expiration date.
Can ESTA/VWP entrants extend or change status?
No. Travellers admitted under ESTA/VWP cannot extend beyond 90 days or change to another nonimmigrant category, save for narrow exceptions such as adjustment as the immediate relative of a US citizen or asylum.
Section H: Glossary
| Term | Meaning |
|---|---|
| B-1 visa | Nonimmigrant category for short-term business visits (e.g., meetings, negotiations, conferences) without US employment. |
| B-2 visa | Nonimmigrant category for tourism, leisure, or medical treatment. |
| CBP | US Customs and Border Protection; decides admission and authorised stay at ports of entry. |
| ESTA | Electronic System for Travel Authorization used by eligible VWP nationals for visa-free travel up to 90 days. |
| Form I-94 | Arrival/Departure Record showing the date of admission and authorised length of stay; controls lawful presence. |
| Form I-129 | USCIS petition for certain employment-based nonimmigrant classifications filed by US employers. |
| Form I-539 | USCIS application to extend or change nonimmigrant status while inside the United States. |
| INA §222(g) | Statutory provision that voids a visa if the holder overstays the authorised period of admission. |
| Nonimmigrant status | Temporary classification authorising a foreign national to remain for a specific purpose and period. |
| Overstay | Remaining beyond the I-94 date; leads to unlawful presence and potential reentry bars. |
| USCIS | US Citizenship and Immigration Services; adjudicates extensions, changes of status, and related benefits. |
Useful Links
| Resource | Link |
|---|---|
| Visitor Visa Extension Guidance – DavidsonMorris | https://www.davidsonmorris.com/b2-visa-extension/ |
| Visitor Visa Extension Guidance – NNU Immigration | https://www.nnuimmigration.com/b2-visa-extension/ |
| US Visitor Visa Extension – NNU Immigration | https://www.nnuimmigration.com/us-visitor-visa-extension/ |
| USCIS – Form I-539, Application to Extend/Change Nonimmigrant Status | https://www.uscis.gov/i-539 |
| USCIS – Check Case Processing Times | https://egov.uscis.gov/processing-times/ |
| CBP – Form I-94 (Arrival/Departure Record) | https://i94.cbp.dhs.gov/ |
