Application to extend status

Recently, Joey, a tourist visa holder who came to the US asked me how he can prolong his stay. He arrived three months ago and is left with another three months before his period of authorized stay is up. He has seen some friends and relatives but still feels that there are a lot of things he needs to do. He now wants to know if he can file an extension of status.

Bear in mind that when one comes to the US on a tourist visa, the maximum period of time that he is authorized to stay is six months. Some are even given just a few weeks, or even days. Quite interestingly, there are a lot of people who get confused by their privilege. They think that since they were given this type of non-immigrant visa with a validity of 10 years, they can stay here for 10 years. That is clearly wrong, of course. The visa is only used to get in. Once you face the Customs officer at the port of entry, whatever time he gives you is the period you are allowed to stay. You can stay less than that but you can never stay beyond that unless you file for extension of status.

So as to Joey’s question of whether he can file for extension, the answer depends on his basis for doing so. He must have very good and convincing reasons why he needs a few months more. Is there an emergency? Does he still need to wrap up some business affairs? Is he taking care of a sick family member? Are there any other pressing concerns that he has to attend to? Also, he must show that he has the financial means to support himself while he is in that extended stay. What is his itinerary? Does he have board and lodgings?

Another way to increase your chance of getting an extension approved is to show that you still have the willingness to go back to the Philippines. Do you still have ties back home such as a family, a business, a job, or a school to go back to? The US government must be convinced that you are going to fulfill the reasons for your extension and it expects you to leave the US on or before the day of your authorized stay.

Be aware also that a decision on your application for extension is not decided right away. Your application could still be pending even after your initial period of authorized stay. The decision is applied retroactively. Thus, if approved, the countdown of the additional time period granted on the extension application starts on the last day of the initial authorized period. In the same manner, if denied, you have already incurred a period of unlawful presence putting you at very high risk for deportation.

It is important to make sure that when you file your application for extension of status you must have valid reasons to do so and submit the best evidence available. Know and understand your risks first before you file such an application.