
If you are staying in the US with a visa, it is essential that you understand what limitations this has as well as any expiration dates that are set. Failure to understand how your visa works could result in severe repercussions to your status in the US and your ability to acquire visas in the future. In this article, we will discuss what extending an expiring visa means and other options you may have if your visa expires soon.
Visa Extension Vs. Visa Status Change
If you are staying in the US with a visa, you need to understand that this has an expiration date. You will have both an expiration date and a visa assurance date, which creates visa validity. The visa validity is the length of time that you can travel to an area of entry in the United States.
Failure to understand your visa validity could result in your not being able to enter the US, or your visa may be avoided or canceled.
If your visa expires, you may have several options: visa extension, adjustment of status, or visa status change. Here is exactly what these options are and what they require you to do.
Visa Extension
A visa extension is a temporary extension that allows you to stay in the US beyond the duration your visa originally granted you. To do this, you have to submit form I-539 at least 45 days before your visa expires. On average, it takes the US citizenship and immigration services 3 to 5 months to decide on an extension.
Visa Status Change
On the other hand, a change of status allows you to switch from your non-immigrant visa category to a different category without having to leave the US. To do this, you have to submit the same form I-539 to the USCIS.
Not every non-immigrant visa category is eligible for changing the status. Because of this, it may be helpful to hire an immigration attorney to help you decipher what your options are. You will also be required to pay a new visa issuance fee if your application for a change of status is approved.
Adjustment of Status
Another option that is often lumped into this category of visa changes is an adjustment of status. However, this is in a very different class since it involves someone in the US who is not a US citizen. They may be in a non-immigrant status or be residing in the US illegally.
An adjustment of status allows them the option of becoming a lawful permanent resident through obtaining a green card. Because of this, getting an adjustment of status is much more complex and time-intensive.