Form I-539

Eligibility Requirements

In order to extend B-1/B-2 status or switch to B-1/B-2 status from another status, the applicant must be able to show that the requested stay is temporary, and that the applicant intends to return to his or her home country when the status expires.

The Process

The application to extend or change to B-1/B-2 status is made after the applicant has entered the U.S. on a valid nonimmigrant visa. The application is made on Form I-539.

The applicant must establish that he or she is requesting the extension or change of status for a justified reason. If the applicant is a tourist, then the reason may include a description of the places he or she will visit and the activities that are planned. If the applicant is a business visitor, he or she should provide a letter from the host business describing why an extension or change of status is necessary.

It can take USCIS as long as six months to process a Form I-539 application, which means that in some cases the application will only be approved after the applicant has already left the U.S. Nevertheless, it is very important to file the extension request, in order to preserve your ability to travel to the U.S. in the future.