If you are a non-immigrant visitor in the United States, you may be able to extend your stay if your parents are visiting you. This guide will provide you with all the information you need to know about the process, including eligibility requirements, application procedures, and fees.
The visitor visa extension for parents is a humanitarian provision that allows foreign nationals to extend their stay in the United States beyond the initial six-month period granted upon entry. This extension is intended to provide additional time for parents to visit their children or grandchildren who are living in the United States.
To be eligible for a visitor visa extension for parents, the following requirements must be met:
Visitor Visa Extension for Parents
The visitor visa extension for parents is a humanitarian provision that allows foreign nationals to extend their stay in the United States beyond the initial six-month period granted upon entry.
- Eligibility Requirements:
- Parent-child relationship
- Valid passport
- Financial support
- No criminal record
- Application Procedure:
- File Form I-539
- Pay application fee
- Attend biometrics appointment
- Extension Duration:
- Up to 6 months
- Additional Information:
- Consult an immigration attorney
It's important to note that the visitor visa extension for parents is not guaranteed. The USCIS officer will review the application and make a decision based on the individual circumstances.
Eligibility Requirements:
To be eligible for a visitor visa extension for parents, the following requirements must be met:
1. Parent-Child Relationship:
The most important requirement is that the applicant must be the parent of a U.S. citizen or lawful permanent resident. This relationship must be documented with a birth certificate or other official document.
2. Valid Passport:
The applicant must have a valid passport from their home country. The passport must be valid for at least six months beyond the intended period of stay in the United States.
3. Financial Support:
The applicant must demonstrate that they have sufficient financial resources to support themselves during their extended stay in the United States. This can be done by providing evidence of income, savings, or a letter of financial support from their child or other family member in the United States.
4. No Criminal Record:
The applicant must not have any criminal convictions that would make them ineligible for a visa. This includes convictions for serious crimes, such as murder, drug trafficking, or terrorism.
In addition to these basic requirements, the applicant may also need to provide additional documentation, such as a medical examination report or proof of health insurance. The specific requirements will vary depending on the individual circumstances.
Parent-child relationship
The parent-child relationship is the most important eligibility requirement for a visitor visa extension for parents. The applicant must be the parent of a U.S. citizen or lawful permanent resident. This relationship must be documented with a birth certificate or other official document.
Birth Certificate:
The birth certificate is the most common document used to prove the parent-child relationship. It must be an official document issued by the government of the country where the child was born. The birth certificate must include the following information:
- The child's full name
- The child's date of birth
- The child's place of birth
- The names of the child's parents
Other Acceptable Documents:
In some cases, other documents may be used to prove the parent-child relationship. These documents may include:
- Adoption decree
- Court order establishing paternity or maternity
- DNA test results
- Affidavit from the child's U.S. citizen or lawful permanent resident child
Stepchildren:
Stepchildren are not eligible for a visitor visa extension for parents unless they have been legally adopted by the U.S. citizen or lawful permanent resident child.
It is important to note that the USCIS officer will carefully review all of the evidence submitted to prove the parent-child relationship. If the officer is not satisfied that the relationship is genuine, the application for a visitor visa extension may be denied.
Valid passport
In addition to the parent-child relationship, the applicant for a visitor visa extension for parents must also have a valid passport from their home country. The passport must be valid for at least six months beyond the intended period of stay in the United States.
- Validity:
The passport must be valid for at least six months beyond the intended period of stay in the United States. This is to ensure that the applicant has a valid travel document to depart the United States at the end of their authorized stay.
- Type of Passport:
The passport must be a regular, full-validity passport. Diplomatic and official passports are not eligible for a visitor visa extension.
- Number of Pages:
The passport must have at least two blank pages for the visa stamp and any other endorsements that may be required.
- Condition of Passport:
The passport must be in good condition and not damaged or mutilated in any way.
If the applicant's passport does not meet these requirements, they will need to renew or replace their passport before they can apply for a visitor visa extension.
Financial support
The applicant for a visitor visa extension for parents must also demonstrate that they have sufficient financial resources to support themselves during their extended stay in the United States. This can be done by providing evidence of income, savings, or a letter of financial support from their child or other family member in the United States.
- Proof of Income:
If the applicant is employed, they can provide pay stubs, bank statements, or a letter from their employer stating their salary and length of employment.
- Proof of Savings:
If the applicant has savings, they can provide bank statements or investment account statements showing the balance of their accounts.
- Letter of Financial Support:
If the applicant is being financially supported by their child or other family member in the United States, they can provide a letter of financial support from that person. The letter should state the person's relationship to the applicant, their income, and their willingness to provide financial support.
- Other Acceptable Evidence:
In some cases, other evidence of financial support may be accepted, such as a scholarship or grant award letter, or a statement from a social welfare agency.
The amount of financial support required will vary depending on the length of the intended stay and the cost of living in the area where the applicant will be staying. However, a general rule of thumb is that the applicant should have at least $2,000 per month available to cover their expenses.
No criminal record
The applicant for a visitor visa extension for parents must also not have any criminal convictions that would make them ineligible for a visa. This includes convictions for serious crimes, such as murder, drug trafficking, or terrorism.
- Serious Crimes:
Any conviction for a serious crime, such as murder, rape, or drug trafficking, will make the applicant ineligible for a visitor visa extension.
- Minor Crimes:
Some minor crimes, such as petty theft or traffic violations, may not automatically make the applicant ineligible for a visa extension. However, the USCIS officer will consider the nature of the crime and the circumstances surrounding it when making a decision.
- Arrests and Charges:
Even if the applicant has not been convicted of a crime, they may still be ineligible for a visa extension if they have been arrested or charged with a serious crime.
- Waiver of Ineligibility:
In some cases, the applicant may be eligible for a waiver of ineligibility if they can demonstrate that they have been rehabilitated and pose no risk to the United States.
It is important to note that the USCIS officer has the discretion to deny a visitor visa extension for any reason, even if the applicant does not have a criminal record. Therefore, it is important to be honest and forthcoming about any criminal history when applying for a visa extension.
Application Procedure:
To apply for a visitor visa extension for parents, the following steps must be taken:
1. File Form I-539:
The first step is to file Form I-539, Application to Extend/Change Nonimmigrant Status. This form can be downloaded from the USCIS website or obtained from a USCIS office. The form must be completed in English and signed by the applicant.
2. Pay Application Fee:
The applicant must also pay the application fee. The current fee for Form I-539 is $370. The fee can be paid online, by mail, or at a USCIS office.
3. Submit Supporting Documents:
The applicant must submit supporting documents to prove their eligibility for a visitor visa extension. These documents may include:
- A copy of the applicant's passport
- A copy of the applicant's visa
- Evidence of financial support
- A letter of invitation from the applicant's child or other family member in the United States
- Proof of the parent-child relationship
- A medical examination report (if required)
4. Attend Biometrics Appointment:
After the application has been submitted, the applicant will be required to attend a biometrics appointment. At this appointment, the applicant will have their fingerprints and photograph taken.
Once the application has been submitted and all of the required documents have been provided, the USCIS will review the application and make a decision. The processing time for a visitor visa extension can vary, but it is typically several months.
File Form I-539
The first step in applying for a visitor visa extension for parents is to file Form I-539, Application to Extend/Change Nonimmigrant Status. This form can be downloaded from the USCIS website or obtained from a USCIS office. The form must be completed in English and signed by the applicant.
- Part 1: Applicant Information:
This section of the form collects basic information about the applicant, such as their name, address, and date of birth.
- Part 2: Current Nonimmigrant Status:
This section of the form asks the applicant about their current nonimmigrant status, such as the type of visa they have and the date it expires.
- Part 3: Basis for Application:
In this section, the applicant must select the reason for their application. For a visitor visa extension for parents, the applicant should select the option for "Extension of Stay."
- Part 4: Proposed Extension of Stay:
In this section, the applicant must state the length of time they are requesting for their extension of stay. The maximum extension that can be granted is six months.
In addition to these four main sections, Form I-539 also includes several other sections where the applicant must provide additional information, such as their travel history and criminal record. The form is relatively straightforward to complete, but it is important to make sure that all of the information is accurate and complete.
Pay application fee
The applicant for a visitor visa extension for parents must pay an application fee. The current fee for Form I-539 is $370. The fee can be paid online, by mail, or at a USCIS office.
- Online Payment:
The easiest way to pay the application fee is online. The USCIS website accepts credit cards and debit cards.
- Payment by Mail:
The application fee can also be paid by mail. A check or money order made payable to "U.S. Department of Homeland Security" must be included with the application.
- Payment at a USCIS Office:
The application fee can also be paid in person at a USCIS office. Cash, checks, money orders, and credit cards are accepted.
- Fee Waivers:
In some cases, the applicant may be eligible for a fee waiver. To request a fee waiver, the applicant must submit Form I-912, Request for Fee Waiver, along with their application.
It is important to note that the application fee is non-refundable. This means that even if the application is denied, the fee will not be refunded.
Attend biometrics appointment
After the application for a visitor visa extension for parents has been submitted, the applicant will be required to attend a biometrics appointment. At this appointment, the applicant will have their fingerprints and photograph taken.
- Scheduling the Appointment:
The applicant will receive a notice in the mail with the date and time of their biometrics appointment. The appointment must be scheduled within 30 days of receiving the notice.
- Location of the Appointment:
The biometrics appointment will be held at a USCIS Application Support Center (ASC). The ASC will be listed in the appointment notice.
- What to Bring to the Appointment:
The applicant must bring the following items to their biometrics appointment:
- Appointment notice
- Valid passport
- Form I-539 receipt
- Two passport-style photographs
The biometrics appointment typically takes about 15 minutes. The applicant will be asked to provide their fingerprints and have their photograph taken. The fingerprints and photograph will be used to create a biometric record, which will be stored in the USCIS system.
Extension Duration:
The maximum extension of stay that can be granted for a visitor visa extension for parents is six months. This means that the applicant can stay in the United States for up to six months beyond the initial six-month period granted upon entry.
- Factors Considered:
When determining the length of the extension, the USCIS officer will consider the following factors:
- The applicant's financial resources
- The applicant's ties to their home country
- The applicant's relationship with the U.S. citizen or lawful permanent resident child
- The purpose of the applicant's visit
- Any other relevant factors
- Multiple Extensions:
It is possible to apply for multiple extensions of stay, but each extension is granted at the discretion of the USCIS officer. There is no guarantee that an extension will be granted.
- Change of Status:
If the applicant wishes to stay in the United States for longer than six months, they may need to apply for a change of status. This would allow them to change their nonimmigrant status to a different category, such as a student visa or a work visa.
It is important to note that the USCIS officer has the authority to deny a visitor visa extension for any reason, even if the applicant meets all of the eligibility requirements.
Up to 6 months
The maximum extension of stay that can be granted for a visitor visa extension for parents is six months. This means that the applicant can stay in the United States for up to six months beyond the initial six-month period granted upon entry.
- Purpose of the Extension:
The purpose of the visitor visa extension is to allow parents to visit their children or grandchildren who are living in the United States. The extension is intended to provide additional time for the parents to spend with their family and to experience American culture.
- Factors Considered:
When determining the length of the extension, the USCIS officer will consider the following factors:
- The applicant's financial resources
- The applicant's ties to their home country
- The applicant's relationship with the U.S. citizen or lawful permanent resident child
- The purpose of the applicant's visit
- Any other relevant factors
- Multiple Extensions:
It is possible to apply for multiple extensions of stay, but each extension is granted at the discretion of the USCIS officer. There is no guarantee that an extension will be granted.
It is important to note that the USCIS officer has the authority to deny a visitor visa extension for any reason, even if the applicant meets all of the eligibility requirements.
Additional Information:
Here are some additional pieces of information that may be helpful to know about visitor visa extensions for parents:
1. Processing Time:
The processing time for a visitor visa extension can vary, but it is typically several months. This is because the USCIS must review the application and make a decision. In some cases, the processing time may be longer if the USCIS needs to request additional information from the applicant.
2. Employment and Study:
Parents who are granted a visitor visa extension are not allowed to work or study in the United States. If they wish to do either of these things, they must apply for a different type of visa.
3. Change of Address:
If the applicant changes their address while they are in the United States, they must notify the USCIS within 10 days. This can be done by filing Form AR-11, Alien's Change of Address Card.
4. Request for Evidence:
In some cases, the USCIS may request additional evidence from the applicant. This evidence may include proof of financial support, proof of the parent-child relationship, or a medical examination report. The applicant must submit the requested evidence within the time frame specified by the USCIS.
If you have any questions about the visitor visa extension for parents, you can contact the USCIS or consult with an immigration attorney.
Consult an immigration attorney
If you are considering applying for a visitor visa extension for parents, it is a good idea to consult with an immigration attorney. An immigration attorney can help you to:
1. Determine Your Eligibility:
An immigration attorney can review your situation and determine if you meet the eligibility requirements for a visitor visa extension. This includes checking to see if you have a valid passport, proof of financial support, and no criminal record.
2. Complete the Application:
An immigration attorney can help you to complete the application for a visitor visa extension. This includes filling out the forms, gathering the required documents, and submitting the application to the USCIS.
3. Respond to Requests for Evidence:
In some cases, the USCIS may request additional evidence from you. An immigration attorney can help you to gather the requested evidence and submit it to the USCIS in a timely manner.
4. Represent You in Court:
If your application for a visitor visa extension is denied, an immigration attorney can represent you in court. An immigration attorney can help you to appeal the decision and argue your case to the judge.
While it is not required to have an immigration attorney to apply for a visitor visa extension, it can be very helpful. An immigration attorney can help you to avoid mistakes and increase your chances of success.
FAQ
Here are some frequently asked questions about visitor visa extensions for parents:
Question 1: What are the eligibility requirements for a visitor visa extension for parents?
Answer: To be eligible, you must be the parent of a U.S. citizen or lawful permanent resident, have a valid passport, have sufficient financial support, and have no criminal record.
Question 2: How long can I extend my stay as a parent visitor?
Answer: You can extend your stay for up to six months.
Question 3: How do I apply for a visitor visa extension for parents?
Answer: You must file Form I-539, Application to Extend/Change Nonimmigrant Status, with the USCIS.
Question 4: What documents do I need to submit with my application?
Answer: You will need to submit a copy of your passport, a copy of your visa, evidence of financial support, a letter of invitation from your child, proof of the parent-child relationship, and a medical examination report (if required).
Question 5: How long does it take to process an application for a visitor visa extension?
Answer: The processing time can vary, but it is typically several months.
Question 6: Can I work or study in the United States with a visitor visa extension?
Answer: No, you cannot work or study in the United States with a visitor visa extension.
Question 7: What should I do if my application for a visitor visa extension is denied?
Answer: You can appeal the decision or consult with an immigration attorney to discuss your options.
Closing Paragraph:
If you have any other questions about visitor visa extensions for parents, you can contact the USCIS or consult with an immigration attorney.
Here are some additional tips for parents who are applying for a visitor visa extension:
Tips
Here are some practical tips for parents who are applying for a visitor visa extension:
1. Start the Application Process Early:
The processing time for a visitor visa extension can vary, so it is important to start the application process early. This will give you enough time to gather the required documents and submit your application before your current visa expires.
2. Be Prepared to Submit Evidence:
The USCIS may request additional evidence from you, such as proof of financial support or proof of the parent-child relationship. Be prepared to submit this evidence quickly and efficiently.
3. Consider Consulting an Immigration Attorney:
While it is not required to have an immigration attorney to apply for a visitor visa extension, it can be very helpful. An immigration attorney can help you to avoid mistakes and increase your chances of success.
4. Be Patient:
The processing time for a visitor visa extension can be lengthy. It is important to be patient and wait for the USCIS to make a decision. If you have any questions or concerns, you can contact the USCIS or consult with an immigration attorney.
Closing Paragraph:
By following these tips, you can increase your chances of successfully obtaining a visitor visa extension for parents.
In conclusion, the visitor visa extension for parents is a humanitarian provision that allows foreign nationals to extend their stay in the United States beyond the initial six-month period granted upon entry. This extension is intended to provide additional time for parents to visit their children or grandchildren who are living in the United States.
Conclusion
In summary, the visitor visa extension for parents is a valuable provision that allows foreign nationals to extend their stay in the United States beyond the initial six-month period granted upon entry. This extension provides parents with the opportunity to spend more time with their children and grandchildren who are living in the United States.
To be eligible for a visitor visa extension, parents must meet certain requirements, such as having a valid passport, proof of financial support, and no criminal record. The application process involves filing Form I-539 with the USCIS and submitting supporting documents. It is important to start the application process early and be prepared to submit additional evidence if requested.
While it is not required to have an immigration attorney to apply for a visitor visa extension, it can be very helpful. An immigration attorney can help parents to avoid mistakes and increase their chances of success.
Closing Message:
If you are a parent who is considering applying for a visitor visa extension, I encourage you to do your research and carefully follow the instructions. With careful planning and preparation, you can increase your chances of obtaining an extension and spending more time with your loved ones in the United States.