Extending your stay in the USA: what to do after your ESTA visa (90 Days)

If you’re planning to stay in the USA beyond the 90-day limit granted by the ESTA visa waiver program, you’ll need to explore your options for extending your stay or obtaining a different type of visa. Here’s a detailed guide to help you navigate the process:

1. Assess Your Eligibility:

• Before proceeding, determine if you meet the eligibility criteria for extending your stay or applying for a different visa. Eligibility requirements vary depending on the visa category you’re applying for.

2. Extension of Stay:

• If you’re already in the USA under the Visa Waiver Program (ESTA), you may be eligible to apply for an extension of your stay. You must file Form I-539, Application to Extend/Change Nonimmigrant Status, with U.S. Citizenship and Immigration Services (USCIS) before your authorized stay expires.
• Recommended Reading: Extending Your Stay

3. Change of Status:

• If you wish to change your immigration status to a different nonimmigrant category, such as a student (F-1) or temporary worker (H-1B), you’ll need to file the appropriate application with USCIS.
• Recommended Reading: Change My Nonimmigrant Status

4. Visas:

• Employment-Based: If you have a job offer from a U.S. employer, you may be eligible for an employment-based visa. Common categories include H-1B (specialty occupations), L-1 (intracompany transferees), and O-1 (individuals with extraordinary ability).
• Family-Based: If you have a close family member who is a U.S. citizen or lawful permanent resident (green card holder), you may be eligible for a family-based immigrant visa. This includes spouses, parents, children, and siblings.
• Student: If you wish to study in the USA, you’ll need to obtain a student visa (F-1 or M-1). You must first apply and be accepted to a Student and Exchange Visitor Program (SEVP)-approved school before applying for the visa.

5. Consult an Immigration Attorney:

• Immigration law can be complex, and navigating the visa application process may be challenging.
• Consider seeking guidance from an experienced immigration attorney who can assess your situation and provide personalized advice.

Important Tips:

• Start the process early: Visa applications can take time to process, so it’s essential to begin the process well before your authorized stay expires.
• Gather necessary documents: Make sure you have all the required documents and information ready when applying for a visa or extension of stay.
• Maintain legal status: Ensure that you comply with all U.S. immigration laws and regulations to avoid any issues with your immigration status.
• Be honest and accurate: Provide truthful and accurate information on your visa applications and any supporting documents.

Additional Resources:

U.S. Citizenship and Immigration Services (USCIS)
Department of State – Visas
U.S. Embassies and Consulates

By following these steps and seeking appropriate guidance, you can navigate the process of staying in the USA after your ESTA visa expires effectively and legally.