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B1 Extension of Stay

B1 EXTENSION OF STAY FOR PERSONS WHO ENTERED THE UNITED STATES FOR BUSINESS (B-1) AND ARE REQUESTING AN EXTENSION OF STAY

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Welcome to ImmigrationLinks.com, Inc., "Your Immigration Link to the World". The information contained in this iKitTM 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. Š 2000–2012, ImmigrationLinks.com, Inc.

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B1 Extension of Stay

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 24 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.

© 2000–2012, ImmigrationLinks.com, Inc.

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B1 Extension of Stay

TABLE OF CONTENTS SECTION I – IKIT OVERVIEW ..........................................................................................................................................4 A. DESCRIPTION OF THE B1 VISA ................................................................................................................................4

B. C. A. B. C.

1.

B-1 VISA ............................................................................................................................................................4

2.

B-2 VISA ............................................................................................................................................................4

3.

B-1/B-2 VISA .....................................................................................................................................................5

WHO SHOULD USE THIS IKIT? ........................................................................................................................................5 WHO CAN’T FILE? .......................................................................................................................................................6 WHEN TO FILE? ..........................................................................................................................................................6 AUTHORIZED DURATION OF STAY ...................................................................................................................................7 PROCESS OVERVIEW ....................................................................................................................................................7 1. PREPARING TO APPLY ............................................................................................................................................7 2.

COMPLETING YOUR APPLICATION ............................................................................................................................7

3.

RECEIPT NOTICE FROM USCIS ................................................................................................................................7

4.

INTERVIEW ..........................................................................................................................................................8

5.

APPROVAL / DENIAL NOTICE FROM USCIS ................................................................................................................8

SECTION II – IMMIGRATION LAWS ...............................................................................................................................9 A. B. C. D. E.

INA § 101(A)(15)(B) - DEFINITIONS..............................................................................................................................9 INA § 222(G) – NONIMMIGRANT VISA VOID AT CONCLUSION OF AUTHORIZED PERIOD OF STAY .................................................9 8 CFR § 214.2(B)(1)-(3) – SPECIAL REQUIREMENTS FOR ADMISSION, EXTENSION, AND MAINTENANCE OF STATUS .....................9 214.2(B)(7) ENROLLMENT IN A COURSE OF STUDY PROHIBITED ........................................................................................10 PERMISSIBLE B-1 ACTIVITY ..........................................................................................................................................10

SECTION III – FILLING OUT FORM I-539 ......................................................................................................................15 A. GENERAL TIPS .......................................................................................................................................................15 B. FORM I-539 (LINE-BY-LINE INSTRUCTIONS) ...................................................................................................................16 C. ELECTRONIC NOTIFICATION OF FILING............................................................................................................................21 SECTION IV – APPLICATION CHECKLIST ......................................................................................................................22 SECTION V – EXHIBITS .................................................................................................................................................24 SECTION VI– CONCLUSION..........................................................................................................................................25

© 2000–2012, ImmigrationLinks.com, Inc.

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B1 Extension of Stay

SECTION I – iKIT OVERVIEW A.

DESCRIPTION OF THE B1 VISA The most common and widely used of the non-immigrant visas is the B visa. There are two types of B visas: the B-1 (business visitor) and the B-2 (visitor for pleasure). 1. B-1 VISA Most businesspersons entering the United States enter with B-1 visas. The visa itself, which is issued by a US consulate abroad, may be issued for varying periods of time, and may be issued for single or multiple entries. This must be distinguished from the period of time that is granted by US Customs and Border Protection (CBP) once the alien makes application for entry at a US border point. Usually, the CBP will grant the B-1 applicant the period of time that is necessary for him or her to accomplish the purpose of the visit, usually from a few weeks up to six months. B-1 visas are usually issued to aliens who are coming to the United States to enter into or negotiate contracts, purchase goods for shipment abroad, obtain orders for products manufactured abroad, attend business conventions, consult with business organizations, or to investigate business opportunities in the United States. They may also be used to check on business investments that the alien has previously made in the United States, and to permit the alien to open and establish a new US business, although, it must be pointed out that, the alien cannot actively participate in the management of said business. In order to obtain a B-1 visa, the alien must establish that he or she has a residence in a foreign country which he or she has no intention of abandoning. The alien must also establish an intent to depart from the United States at the expiration of the temporary stay and that he or she has adequate funds to cover the expenses of the expected stay in the United States. In this regard, the consular or CBP official will look to the alien's ties with the foreign country to determine whether there are sufficient contacts to indicate the likelihood of the alien's returning to the foreign domicile. These ties would include such things as employment abroad, family, property, or other business or social connections with the foreign country. Accompanying family members of B-1s, 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 applications are usually granted. 2. B-2 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.

Š 2000–2012, ImmigrationLinks.com, Inc.

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B1 Extension of Stay

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;

B.

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 §212.1(e) of this chapter may be admitted to and stay on Guam for period not to exceed fifteen days and are not eligible for extensions of stay.

© 2000–2012, ImmigrationLinks.com, Inc.

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B1 Extension of Stay

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-1 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!

© 2000–2012, ImmigrationLinks.com, Inc.

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Visitor Visa