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How to Extend Your Period of Authorized Stay

FULL TRANSCRIPT

[The following is the full transcript of the blog video: How to Extend Period of Authorized Stay]

Hello, this is Erick Widman from Passage Immigration Law. In this video, we’re going to be talking about how to extend your period of authorized stay. If you’re not a US citizen, and you’re not a US permanent resident, you’ve been given just a specific, limited amount of time, where you’re authorized to stay in the US, and you’re unable to exceed that period without consequences. So it’s important you know, how much time you’ve been granted by looking first at your passport. And the CBP officer who inspected you and admitted you into the US typically writes down there that your period of authorized stay expires, perhaps six months from now, if you’re a visitor, or a different period of time, depending on your non immigrant visa status. Keep in mind that even though your visa might say it’s valid for another five years or another year, that doesn’t mean you can stay here for five years without leaving the visa is just a Travel Authorization Document, it’s really important that you look at your I 94. Record, which is what something you can download from the CBP website as well. And double check that with what’s been written in your passport. Sometimes mistakes are made and what’s being written down. So you know that you have a limited period of time to stay in the US. And what happens if you’re unable to leave, such as a virus outbreak, and the borders are shut down, or you’re sick or family issues. The government, US government still wants you to extend your stay through the standard procedure by filing file form 539 ahead of time, ideally, they want you to file it 45 days before your stay expires. So before head of time, meaning before your period of authorized stay expires. So ideally 45 days, but definitely before it expires. And you’ll want to list down all of course, the required information, including the new public charge information, but they’re focusing in on the US government. Through USC is the adjudicator looking at your case is needing to confirm that you still have non immigrant intent. So you have to show how you’re going to be supported financially. And they also want to know what you’re going to do when you return home to your country overseas. So form 539 has a filing fee, you’ve got to file it in the online or you can do the paper version. Still, if you have a family member filing with you, you such as your wife, you don’t need a separate form 539 for for him or her. You can use one form for both of you. But they have a supplemental form I 539. A that you’ll also need to fill out. So there’s required steps required supporting documents. And you need to for example, also make sure that your passport is valid and that your underlying immigrant visa status is valid. And make sure you don’t commit any crimes either because that will prevent you from from getting approved. So make sure you file ahead of time, make sure you are authorized to do so. And be sure to check those deadlines to know exactly when your period of authorized stay expires.

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