Typically, individuals from foreign countries who wish to enter the United States must obtain a U.S. visa in advance. The visitor visa is the most commonly used non-immigrant visa, with the B-1 visa category for temporary business activities and the B-2 visa category for tourism purposes. The B1/B2 visa may accommodate both business and tourism purposes as well. Eligibility for extending the B1/B2 visa is dependent on certain conditions. This blog addresses common questions regarding the B1/B2 visa extension process in the United States.
Question 1: Do I need to file an extension of status for my tourist visa if my U.S. citizen son/daughter filed an I-130 and I-485 application for me?
Response to Question 1: If the I-130 and I-485 petitions have already been filed for a parent of a U.S. citizen who is 21 years old/older then it is not necessary to file an extension of status. The tourist visa is a non-immigrant visa and seeking a green card in the United States reveals that the beneficiary has immigrant intent. In cases other than the one mentioned, filing an extension of status may be necessary.
[Helpful advice: If you have any doubts about the adjustment of status process, seek guidance from an experienced immigration attorney. A parent beneficiary must acquire advance parole or their green card before departing the United States.]
Question 2: What is considered a valid reason to file an extension of status for my B1/B2 visa?
Response to Question 2: Before the expiration of the I-94, a legitimate reason must be provided to request an extension of status. This reason must be substantiated with evidence. Common grounds for seeking an extension of status include but are not limited to: ongoing business activities, medical care, managing an illness, travel constraints, etc.
Question 3: Can I work in the United States while on my B1/B2 visa?
Response to Question 3: While this visa does not permit employment in the United States, certain activities may be permissible under the B1/B2 visa. To explore opportunities for working, living or studying in the United States, it is recommended to seek guidance from a knowledgeable immigration lawyer.
Question 4: How long can I ask USCIS to extend my B1/B2 visa for?
Response to Question 4: Generally, a B1/B2 visa holder in the United States may apply to extend their visit for an additional 6 months.
[Helpful advice: If you have to leave the U.S. with a pending extension of status application or have missed your biometrics appointment, it's advisable to consult an immigration lawyer.]
Question 5: I have a multiple entry tourist visa to the United States which is good for 10 years, can I stay the full 10 years?
Response to Question 5: No. Even though the B1/B2 visa can have a validity of 10 years, visitors may only stay in the United States for a limited period as determined by U.S. Customs and Border Protection (CBP) upon entry.
[Helpful advice: Foreign nationals should check their I-94 record each time they enter the U.S. to confirm their authorized duration of stay at https://i94.cbp.dhs.gov]
Question 6: Is the U.S. Visa Waiver Program (VWP) the same as the tourist visa?
Response to Question 6: No. The Visa Waiver Program (VWP), commonly referred to as ESTA, permits citizens or nationals from specific designated countries to visit the United States for tourism or business purposes for a duration of 90 days or less without needing to acquire a U.S. visa. A visitor under the VWP may not extend or change their status. On the other hand, a B1/B2 visa enables foreign nationals to stay in the U.S. for a period of 6 months or less. Visitors holding a B1/B2 visa have the option to apply for an extension or change of status.
(This blog is written by Attorney Poonam Minhas, providing general questions and answers related to the B1/B2 non-immigrant visa for the United States. It covers important topics such as B1/B2 visa extensions, eligibility for visa extension, and frequently asked questions about tourist visas. The information is for educational purposes only and should not be considered as legal advice. If you need assistance with your B1/B2 visa application, B1/B2 visa extension, or any other immigration law services, kindly consult with our experienced immigration attorneys to learn more about how we can help with your U.S. visa process.)
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