Law & Legal & Attorney Immigration Law

How to Apply for a Visa Extension for My Kids

    • 1). Determine eligibility for the visa extension. Not all visa categories are eligible for extensions including K-2 visas for children accompanying the fiancé of a U.S. citizen. Check the expiry date listed on the I-94 issued by Customs and Border Protection on entry. An extension will not be granted if the I-94 has already expired.

    • 2). Fill out one form I-539, Application to Extend/Change Nonimmigrant Status for yourself and one for each child. Attach one copy of your applicable I-129, Petition for a Non-immigrant Worker, if you are here on a work visa.

    • 3). Attach any other documentation required for your individual case. This includes evidence of extenuating circumstances that warrant the need to stay beyond the I-94 expiry and proof of continued employment or enrollment in a qualifying academic institution.

    • 4). Mail the completed forms to the USCIS service center with jurisdiction over your geographic location. It is recommended to purchase tracking with the package or return receipt so that you have proof of when the package was sent and received by the office for your records. Wait for the I-797, Notice of Action form, to be sent by USCIS once the package is received and a second I-797 once a decision has been made on your case.



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