"Need a B Visa Extension or Change of Status?: Key Considerations and Options"

Extending or Changing Status on a B Visa

If your circumstances change while in the U.S. on a B visa, you may be eligible to apply for an extension or a status change.

Key Points to Consider

• Your application must be filed before your permitted stay expires (Note, this is not your B visa expiry date. Your admitted stay on the I-94 must be valid)

• You must submit supporting documents and USCIS forms

• You must not have violated the terms of your stay (e.g., unauthorized employment).

• You must provide a valid reason for the extension, such as medical treatment or unexpected circumstances.

• You must demonstrate the financial ability to support yourself during the extended stay.

• Approval is not guaranteed; it is at USCIS’ discretion

Even a minor mistake in your application can lead to a denial. Consulting an immigration attorney is strongly recommended if you plan to extend or change your status.

*** Reminder: If you entered the U.S. using ESTA (Visa Waiver Program), you CANNOT extend or change your status. Only visitors who enter on an actual visa (such as B) have this option ***

Examples of Changed Circumstances That May Qualify for a Change of Status to Another Non-Immigrant Visa or Applying for a Family-Based Green Card Petition with an Adjustment of Status

1️. From B Visa to Student Visa (F1)

• You entered the U.S. on a B visa for tourism and later decided to study. You may request a change of status to an F1 student visa.

2️. From B Visa to Marriage-Based Green Card

• You traveled to the U.S. on a B visa to visit a friend who is a U.S. citizen. After spending time together, you fell in love, got married, and now wish to apply for a marriage-based green card. It is highly recommended to consult with an attorney if you entered on a B, married to a US citizen, overstayed your B visa, and seek a marriage-based green card.

3️. From B Visa to Adjustment of Status

• When you entered on a B visa, you had a pending family-based immigration petition (I-130) & there were no available visas (your PD was not current on the visa bulletin). While in the U.S., your priority date became current, allowing you to adjust your status inside the U.S. instead of returning to your home country.

• Please note, in all circumstances, your primary purpose when you enter the U.S. on a B visa must be 'visiting' temporarily.

Final Thoughts

If you are planning to apply for a B visa or are currently in the U.S. on a B visa and have changed circumstances, it is essential to understand:
✅ The application process
✅ The required documentation
✅ Permitted vs. prohibited activities
✅ Options for extension or change of status

There is a lot of immigration information available online, but not all of it is accurate. Given the complexity of U.S. visa regulations, consulting an immigration attorney can help you make the best decision for your situation. Our office assists applicants with the B visa application process and changing or extending their status from a B visa to other visa categories if plans change.

Disclaimer: This blog is for informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult an attorney. Immigration Law Office of Amy Chung, PLLC, is NOT responsible for any decisions made based on the information provided on our website without the firm’s legal representation. Legal representation is ONLY established upon the mutual signing of a Legal Services Agreement AND the prospective client’s payment of the required attorney fee.