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Is it possible to extend I-94 while the Adjustment of Status is processing? If so, how can I do this?

I am interested in extending my AOS but my Form I-94 (Arrival-Departure Record Card) is still processing. What is the best way to go about this?

Answers

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    BoBi Ahn

    Immigration Attorney
    Answered on

    If you have a pending AOS application, you are authorized to remain in the United States beyond the I-94 period. Therefore, there is no reason to "extend" your stay.

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

    It depends on what type of nonimmigrant status you are talking about.

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    Charles Foster

    Immigration Attorney
    Answered on

    Once you have filed an Application to Adjust Status on Form I-94, while you are still in valid status, you are not required to extend your NIV status and may not even be eligible to do so. This would depend on your current non-immigrant status as evidenced by your Departure Record on Form I-94.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    It really depends on what visa status you entered. I am going to guess you entered as a B-2 visitor. If that is so, it is not likely USCIS will extend your stay as a visitor for pleasure, except in possibly very unique circumstances such as a medical emergency. However, even in that case, an extension is still unlikely. Moreover, if you have an adjustment pending, there is no need to extend your visa. On the other hand, if you are on an H or L dual intent status, it is absolutely possible to extend.

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    Stephen Berman

    Immigration Attorney
    Answered on

    If you mean applying for an extension of nonimmigrant status, you may be able to do that depending on what your status currently is, when it expires, and the basis for your adjustment.

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