Question:
I have a B2 visa to visit my
son and his family in U.S., and the B2 visa will expire next month. I
just filed the B2 visa extension to USCIS 2 days ago. I want to know if
I can stay in U.S. if my B2 visa extension cannot get extension
approval in time next month after its expiration?
Answer:
Yes, you can stay in U.S. if
your B2 visa extension can not get extension approval in time next
month, after the B2 expiration. If USCIS has received your application
, you should be able to stay in U.S.
Normally, you should apply to extend your stay at least 45 days before
your authorized stay expires, but the USCIS Service Center must receive
your application by the day your authorized stay expires. If you can
not get B2 visa extension from USCIS and the date on your B2 visa is
not valid, you should leave the country immediately if the response is
negative.
If you are in the United States on a nonimmigrant visa, and need to
extend your time on that visa or switch to another temporary
visa, the procedure you will likely use is to prepare and submit Form
I-539, issued by U.S. Citizenship and Immigration Services (USCIS).
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