Top Reasons When to Avoid filing a B-2 Visitor Visa Extension

Kevin Lawrence Dixler

Written by  Pro

Immigration Attorney

Contributor Level 20

Posted about 4 years ago. 3 helpful votes

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1

When you intend to immigrate.

If you decided that you want to stay and immigrate into the U.S., then filing for a non-immigration visa extension can lead to a denial. The visa can also be canceled. If you need time to think about what you want to do, then it will be important to have a reasonable non-immigrant purpose for remaining in the U.S. Otherwise, forget about it!

2

When you plan to Marry a U.S. Citizen.

If you plan or have married a U.S. Citizen, you should consider an immigrant visa, not a B-2 non-immigrant visa extension. Unless you plan to live outside of the U.S., this is unwise. In fact, even if you plan to live outside the U.S., using a future marriage celebration as an excuse to extend is usually a wasted effort.

3

When you Plan to Visit the U.S., again!

A person who has family or friends in the U.S. should limit trips to shorter vacations. A series of long trip, even if these are 3 to 6 months may make the Border and Port Authority (CBP) wonder if you are using your B-2 Visitor Visa as a green card. A one year stay followed by a quick departure and a return within a few months suggests B-2 visa abuse. Spread out your visits. Also, encourage your U.S. Citizen family to visit you! Extending hospitality to them can help.

4

When You Plan to Work or have Been Working in the U.S.

A B-2 non-immigrant visa visitor is not allowed to work in the U.S. This is a violation of B-2 Visa Status and can result in summary exclusion or removal. If you represent that you need to keep working, then the form I-539 extension can be denied.

5

When You Plan to Enroll in a Full Time Educational Program.

B-2 visa holder should consider an F-1 visa, when they plan to enroll in a full time educational program like a Grammer School, High School or University. Representing that you want to use your B-2 visa to study full time is an improper use of a B2 visa that can result in denial.

6

When You Plan to File For Asylum.

If you think that you need to remain in the U.S. indefinitely based upon a well founded fear of persecution, then a B-2 extension is not for this purpose. There are other options to consider. In addition, due to the challenges of asylum, some who are frustrated with the prejudice in their countries should carefully consider all visa options. Most asylum applications that are unapproved are referred to immigration court, when a persons visa status seems to have ended.

7

When You Have Been Petitioned By a Family Member for an Immigration.

Those who are petitioned by family members can have difficulty extending their stay, but there are a few exceptions. These situations are very difficult and can prove unfortunate if not carefully handled. All options should be considered to avoid a future B2 visa cancellation on the next attempted U.S. Visit. Filing for an extension beyond a six month trip can result in the eventual cancellation of a B2 visa. Regular six month trips to the U.S. may also result in B2 visa cancellation and summary exclusion at the airport.

Additional Resources

American Immigration Lawyers Association

U.S. Citizenship and Immigration Service

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