Extensions of Stay & Change of Status
New Jersey Immigration Law Attorneys Fighting for You
One of the exciting factors of the United States nonimmigrant categories is that many of them allow for an extension, and some may even be updated to obtain permanent residency after a change of status is updated into a green card, and then possibly U.S. citizenship years down the line.
Many of them, however, do not allow for a change of status, just for a necessary extension of stay, and it’s important to know what options are available and where the limitations lie under the various visa categories. There are dozens of them, but a New Jersey immigration lawyer can help in your particular case.
Extending the Stay on Your Temporary Visa
While there are many different visa categories, most of them highly specialized, that are too exhaustive to arrange in full, one of the most common visas are H-3 trainee visas, and these will serve as our example for the time being. H-3 trainees can only stay in the U.S. for a period of 2 years. This means that your original petition was less than two years, and that added with the extension would still be less than 2 years.
In order to apply, we will need to help you fill out the following paperwork:
- A letter explaining why more time is needed to complete the training
- A Form I-94 showing the record of your arrival and departure record
- A Form I-797 showing the beneficiary’s first notice of action
If you brought a spouse or dependent with you into the United States, they will need to also submit an application to change their status or extend their stay with a Form I-539.
Changing the Status of Your Temporary Visa
If you originally entered the United States on a more specialized visa, such as a student visa or one along those lines, you may be able to change the status of it to an H-3 and receive the benefits pertaining to it.
To be qualified for a change of status, the following statements must be true:
- You originally entered the United States legally.
- You’ve never worked illegally in the United States.
- You’ve never broken the terms of your visa.
- You have not yet passed the expiration date on your I-94,
For more information pertaining to your particular visa and the options you may or may not have to extend the stay or change the status, call our New Jersey immigration law offices today at (800) 909-8129.