B2 Extension

© 2000–2012, ImmigrationLinks.com, Inc. P a g e | 1

B-2 EXTENSION OF STAY

FOR PERSONS WHO ENTERED THE UNITED STATES

FOR PLEASURE (B-2) AND ARE REQUESTING AN

EXTENSION OF STAY

Obtain information on our excellent

Do-It-Yourself Immigration iKitsTM

that will allow you to prepare your

own immigration petitions and

applications.

Schedule a low cost telephone

consultation with one of our

immigration attorneys, to discuss

your case and your eligibility for

immigration benefits.

Receive our FREE monthly

newsletter with up to date news and

information on US immigration law,

including hints and tips to file a

successful immigration case.

Welcome to ImmigrationLinks.com, Inc., "Your Immigration Link to the World". The information contained in this

iKitsTM is the most accurate, up-to-date information available, and will allow the average person to find out about

new changes in the immigration laws, so that they can prepare and file their own immigration case without the need

of spending hundreds, and even thousands, of dollars on attorneys' fees. *Terms of use and disclaimer.

B2 Extension

© 2000–2012, ImmigrationLinks.com, Inc. P a g e | 2

NOTE

THIS PRODUCT PREVIEW FOR THE iKITTM

HAS BEEN MODIFIED TO SHOW SELECTED

PAGES AND DOES NOT REPRESENT THE

iKITTM

IN ITS ENTIRETY.

THIS iKITTM

HAS 23 PAGES IN TOTAL,

TOGETHER WITH LINKS TO ALL OF THE

REQUIRED IMMIGRATION FORMS, STATUTES,

AND REGULATIONS, AND CONTAINS LINE-

BY-LINE INSTRUCTIONS FOR COMPLETION

OF ALL OF THE REQUIRED FORMS.

B2 Extension

© 2000–2012, ImmigrationLinks.com, Inc. P a g e | 3

TABLE OF CONTENTS

SECTION I - IKIT OVERVIEW .................................................................................................................................... 4

A. DESCRIPTION OF THE B2 VISA ................................................................................................................................. 4 B. WHO SHOULD USE THIS IKIT? ................................................................................................................................. 4 C. WHO CAN’T FILE? ................................................................................................................................................ 5 D. WHEN TO FILE? ................................................................................................................................................... 5 E. AUTHORIZED DURATION OF STAY ............................................................................................................................ 5 F. PROCESS OVERVIEW ............................................................................................................................................. 6

1. PREPARING TO APPLY ...................................................................................................................................... 6 2. COMPLETING YOUR APPLICATION ....................................................................................................................... 6 3. RECEIPT NOTICE FROM USCIS ........................................................................................................................... 7 4. INTERVIEW .................................................................................................................................................... 7 5. APPROVAL / DENIAL NOTICE FROM USCIS .......................................................................................................... 7

SECTION II – IMMIGRATION LAWS ......................................................................................................................... 8

A. INA § 101(A)(15)(B) - DEFINITIONS ...................................................................................................................... 8 A. INA § 222(G) – NONIMMIGRANT VISA VOID AT CONCLUSION OF AUTHORIZED PERIOD OF STAY .......................................... 8 C. 8 CFR § 214.2(B)(1)-(3) – SPECIAL REQUIREMENTS FOR ADMISSION, EXTENSION, AND MAINTENANCE OF STATUS .............. 8 D. 214.2(B)(7) ENROLLMENT IN A COURSE OF STUDY PROHIBITED ................................................................................... 9 E. PERMISSIBLE B-2 ACTIVITY ..................................................................................................................................... 9

SECTION III – FILLING OUT FORM I-539 ................................................................................................................ 12

A. GENERAL TIPS .................................................................................................................................................... 12 B. LINE-BY-LINE INSTRUCTIONS FOR FORM I-539 – APPLICATION TO EXTEND/CHANGE NONIMMIGRANT STATUS .................... 13 C. ELECTRONIC NOTIFICATION OF FILING .................................................................................................................... 18

SECTION IV – APPLICATION CHECKLIST ................................................................................................................ 19

SECTION V – EXHIBIT ............................................................................................................................................ 21

SECTION VI– CONCLUSION ................................................................................................................................... 22

B2 Extension

© 2000–2012, ImmigrationLinks.com, Inc. P a g e | 4

SECTION I - iKIT OVERVIEW

A. DESCRIPTION OF THE B2 VISA

The B-2 visa, which is issued by a US consulate abroad, like the B-1 visa, may be issued

for varying periods of time, and may be issued for single or multiple entries. Again, this

must be distinguished from the period of time that is granted by CBP once the alien files

an application for entry at a US border point. In most instances, an applicant entering as

a B-2 will be admitted for a period of six months.

A B-2 visitor for pleasure is defined as an alien who has a residence in a foreign country,

which he or she has no intention of abandoning, and who is coming to the United States

temporarily for pleasure. The statute also states that the alien cannot be coming to the

United States primarily for the purpose of studying. This does not, however, prohibit the

alien from engaging in brief or incidental study. The State Department defines pleasure

as any legitimate activity of a recreational character, including tourism, amusement, visits

with friends or relatives, rest, medical treatment, and activities of a fraternal, social, or

service nature. However, the B-2 visa precludes any type of employment whatsoever,

even if the alien receives no remuneration, benefit, or gain for the service rendered.

Since the alien's stay in the United States must be temporary, there must be a clear

intention to depart prior to the end of the authorized period of stay. In addition, the B-2

alien must show that he or she has sufficient funds to accomplish the purposes of the stay

in the United States.

Accompanying family members of B-2s, who are defined as the spouse and minor

unmarried children, are usually given the same period of time as the principal alien. If,

after entry to the United States, the alien discovers that he or she needs additional time in

order to accomplish the purpose of the trip, an extension of time may be requested from

USCIS, on immigration form I-539, which are usually granted.

B. WHO SHOULD USE THIS iKIT?

This iKit is for any citizen of a foreign country who entered the US temporarily under a

nonimmigrant “visitor” visa. An initial period of stay up to six (6) months may have

been granted. If the B-2 visitor wishes to stay beyond his/her approved authorized time

without departing from the United States, an application for extension must be requested.

An extension up to six (6) months may be granted, making the maximum total amount

permitted in B-2 status on any one trip one (1) year.

In most cases a visitor for pleasure will be admitted for the period of time necessary to

accomplish the business purpose of his/her trip as long as there is a valid legitimate

reason. If any additional extensions of stay are needed beyond one (1) year, an extremely

valid reason must be shown.

B2 Extension

© 2000–2012, ImmigrationLinks.com, Inc. P a g e | 8

SECTION II – IMMIGRATION LAWS

A. INA § 101(a)(15)(B) - DEFINITIONS

(a) As used in this Act-

(15) The term "immigrant" means every alien except an alien who is within one of

the following classes of nonimmigrant aliens

(B) an alien (other than one coming for the purpose of study or of

performing skilled or unskilled labor or as a representative of foreign

press, radio, film, or other foreign information media coming to engage

in such vocation) having a residence in a foreign country which he has

no intention of abandoning and who is visiting the United States

temporarily for business or temporarily for pleasure;

a. INA § 222(G) – NONIMMIGRANT VISA VOID AT CONCLUSION OF AUTHORIZED PERIOD OF

STAY

(1) In the case of an alien who has been admitted on the basis of a nonimmigrant visa

and remained in the United States beyond the period of stay authorized by the

Attorney General, such visa shall be void beginning after the conclusion of such

period of stay.

(2) An alien described in paragraph (1) shall be ineligible to be readmitted to the

United States as a nonimmigrant, except—

(A) on the basis of a visa (other than the visa described in paragraph (1)) issued in

a consular office located in the country of the alien’s nationality (or, if there is

no office in such country, in such other consular office as the Secretary of

State shall specify); or

(B) where extraordinary circumstances are found by the Secretary of State to

exist.

C. 8 CFR § 214.2(b)(1)-(3) – SPECIAL REQUIREMENTS FOR ADMISSION, EXTENSION, AND

MAINTENANCE OF STATUS

(b) Visitors —

(1) General. Any B–1 visitor for business or B–2 visitor for pleasure may be

admitted for not more than one year and may be granted extensions of

temporary stay in increments of not more than six months each, except that

alien members of a religious denomination coming temporarily and solely to

do missionary work in behalf of a religious denomination may be granted

extensions of not more than one year each, provided that such work does not

involve the selling of articles or the solicitation or acceptance of donations.

Those B–1 and B–2 visitors admitted pursuant to the waiver provided at

B2 Extension

© 2000–2012, ImmigrationLinks.com, Inc. P a g e | 22

SECTION VI– CONCLUSION

If you have followed all of the instructions in this iKit you are well on your way to

obtaining an extension of your B-2 status in the United States. You have been able to prepare

your entire application for an extension of stay at a fraction of the cost that you would pay to an

immigration law attorney. In addition, you have been provided with useful immigration tips that

you would not have had if you were doing the case yourself, without the aid of this iKit.

It has been our pleasure to assist you with your case. If at any time you feel that you

need to consult with one of the immigration law attorneys from this office, you can call us at

(407) 833-8951 or make an appointment online. Furthermore, we hope that you will continue to

visit our website at www.ImmigrationLinks.com for any information you need regarding US

Immigration Law.

ENJOY YOUR VISIT IN THE UNITED STATES OF AMERICA!