My mother is visiting me in the U.S., but her tourist visa expires next month. I want to apply for a 6-month extension for her. Can the USCIS grant an extension beyond the visa expiration date?

Answer

The visa “stamp” in the passport is only an entry document – it is presented to customs at the airport to seek admission to the U.S. The end date on the stamp has nothing to do with one’s authorization to remain in the USA. That is controlled by the I-94 record. One in this situation normally can seek the full 6-months allowable, regardless of the expiration of the visa stamp. (15.Jun.2020)

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