Are you a tourist looking to extend your status?

Many foreign business visitors and tourists staying in the U.S. have sometimes found themselves in a situation which may require them to extend their visit for a longer time than anticipated. Whatever the reason may be, our focus has always been to assist those individuals seeking to legally extend their status.

In recent times, the Vermont Service Center has been unable to adjudicate an I-539 seeking an extension of B-1 or B-2 stay within the time period requested in the extension application. Essentially, the Vermont Service Center requires 6 months to process the application, however most extensions are only granted in increments of 6 months. What does this mean for you? The Vermont Service Center recently announced that despite their lengthy processing times, the application, if approved will only be valid up to the date of approval, plus one day. If the adjudication happens to take place after the requested extension date has been reached more aliens may be exposed to acquiring unlawful presence and 222(g) penalties.

While immigration advocates still attempt to sway these types of decisions, the Vermont Service Center has advised that the foreign visitor leave the U.S. prior to adjudication, or to interfile a second I-539, including the receipt notice of the still-pending petition.