If you want to extend your stay in the United States, you must file a request with United States Citizenship and Immigration Services (USCIS) on the Form I-539, Application to Extend/Change Nonimmigrant Status before your authorized stay expires. If you remain in the United States longer than authorized, you may be barred from returning or you may be removed (deported) from the United States.
Check the date in the lower right-hand corner of your Form I-94, Arrival-Departure Record, to determine the date your authorized stay expires. USCIS recommends that you apply to extend your stay at least 45 days before your authorized stay expires.
You may apply to extend your stay if:
• You were lawfully admitted into the United States with a nonimmigrant visa
• Your nonimmigrant visa status remains valid
• You have not committed any crimes that make you ineligible for a visa
• You have not violated the conditions of your admission
• Your passport is valid and will remain valid for the duration of your stay
You may not apply to extend your stay if you were admitted to the United States in the following categories:
• Visa Waiver Program
• Crew member (D nonimmigrant visa)
• In transit through the United States (C nonimmigrant visa)
• In transit through the United States without a visa (TWOV)
• Fiancé of a U.S. citizen or dependent of a fiancé (K nonimmigrant visa)
• Informant (and accompanying family) on terrorism or organized crime (S nonimmigrant visa)
Apply for Replacement Document
Use Form I-102, Application for Replacement/Initial Nonimmigrant Arrival-Departure Document, if you are a nonimmigrant and need to apply for a new or replacement Form I-94 or Form I-95, Nonimmigrant Arrival-Departure Document.
In Texas, as in all states, the process for extending your stay in the United States is governed by federal immigration laws and regulations. Nonimmigrants in Texas who wish to extend their stay must file Form I-539, Application to Extend/Change Nonimmigrant Status with the United States Citizenship and Immigration Services (USCIS) before their authorized stay, as indicated on their Form I-94, expires. It is recommended to apply at least 45 days before the expiration date. Eligibility to extend your stay requires that you were lawfully admitted with a nonimmigrant visa, your visa status is still valid, you have not committed any disqualifying crimes, you have not violated the conditions of your admission, and your passport will remain valid for the duration of your stay. Certain categories of nonimmigrants, such as those on the Visa Waiver Program, crew members, those in transit, fiancés of U.S. citizens, and informants on terrorism or organized crime, are not eligible to apply for an extension. If you need a new or replacement Form I-94 or I-95, you must use Form I-102. Overstaying your authorized period of stay can result in being barred from re-entry or deportation.
