How does USCIS determine an extension of stay?

Typically, these determinations are made by USCIS, although U.S. Customs and Border Protection (CBP) and U.S. Department of State (DOS) also make these determinations. Although there is a previous finding of eligibility, the burden of proof in the request for an extension of petition validity remains on the petitioner.

How can I extend my stay in the United States?

If you want to extend your stay in the United States, you must file a request with U.S. Citizenship and Immigration Services (USCIS) on the Form I-539, Application to Extend/Change Nonimmigrant Status before your authorized stay expires.

How to file an extension of stay or change of status?

A request for an extension of stay (EOS) or change of status (COS) is generally filed on a Petition for a Nonimmigrant Worker ( Form I-129) or Application to Extend/Change Nonimmigrant Status ( Form I-539 ), [3] depending upon the nonimmigrant classification the petitioner or applicant seeks to extend or change. [4] 1.

What is USCIS policy on extension of petition validity?

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to address the issue of deference to prior determinations of eligibility by an officer when adjudicating a request for an extension of petition validity.

Is there a stay on the USCIS decision?

On Nov. 3, 2020, the U.S. Court of Appeals for the Seventh Circuit issued an administrative stay and, on Nov. 19, 2020, a stay pending appeal of the U.S. District Court for the Northern District of Illinois’ Nov. 2, 2020 decision.

What happens if I ask USCIS for an extension?

If USCIS decides that the circumstances indicate that an extension is not warranted, an extension will be denied. If an extension of stay is granted, USCIS will also decide how long to extend the stay and will only grant up to the time that was requested on the extension application.