If you are currently in the United States, but wish to extend your stay, you will need to check your eligibility to stay. What is required from visitors who wish to extend their stay?
Know the Law
All applicants who wish to apply to extend their stay must file Form I-539, Application to Extend/Change Non-immigrant Status, which currently costs $300, with U.S. Citizenship and Immigration Services (USCIS) before your authorised stay in the country is due to expire. If you wait until after your authorised stay expires, you may be barred from ever returning and you are also subject to deportation.
To ensure that you will not be deported or found inadmissible in future, check the date on the lower right-hand corner of your Form I-94, Arrival-Departure Record. This will tell you when your stay expires. USCIS recommends that you submit Form I-539 at least 45 days before your authorised stay in the United States is due to expire.
Eligible candidates include those who entered the United States on a non-immigrant visa, who have a valid non-immigrant visa and those who have not committed any crimes, which will make them ineligible for a visa. In addition, if you wish to apply to extend your stay in the United States, you must not have violated conditions of your admission into the country and your passport from your country of origin must be valid for the duration of your intended stay.
Ineligible candidates include those who entered the United States under the Visa Waiver Programme (VWP), Crew members currently in the country on a D non-immigrant visa, those in transit through the United States without a visa (TWOV), and the fiancé(e) of US citizen or dependent of a fiancé(e) on a K non-immigrant visa.
Non-immigrants who are visiting the United States, but who wish to extend their stay in the country, will need to file Form I-539 with USCIS, preferably 45 days before they authorised stay in the country is due to expire. USCIS will review your application to see if you are eligible to extend your stay and inform you of their decision.
U.S. Citizenship and Immigration Services, Extend Your Stay.