If you want to extend your stay in the United States, you must file a request with United States Citizenship and Immigration Services (USCIS) on the Form I-539, Application to Extend/Change Nonimmigrant Status before your authorized stay expires. If you remain in the United States longer than authorized, you may be barred from returning or you may be removed (deported) from the United States.

Check the date in the lower right-hand corner of your Form I-94, Arrival-Departure Record, to determine the date your authorized stay expires. USCIS recommends that you apply to extend your stay at least 45 days before your authorized stay expires.

You may apply to extend your stay if:

• You were lawfully admitted into the United States with a nonimmigrant visa

• Your nonimmigrant visa status remains valid

• You have not committed any crimes that make you ineligible for a visa

• You have not violated the conditions of your admission

• Your passport is valid and will remain valid for the duration of your stay

You may not apply to extend your stay if you were admitted to the United States in the following categories:

• Visa Waiver Program

• Crew member (D nonimmigrant visa)

• In transit through the United States (C nonimmigrant visa)

• In transit through the United States without a visa (TWOV)

• Fiancé of a U.S. citizen or dependent of a fiancé (K nonimmigrant visa)

• Informant (and accompanying family) on terrorism or organized crime (S nonimmigrant visa)

Apply for Replacement Document

Use Form I-102, Application for Replacement/Initial Nonimmigrant Arrival-Departure Document, if you are a nonimmigrant and need to apply for a new or replacement Form I-94 or Form I-95, Nonimmigrant Arrival-Departure Document.

In Delaware, as in all states, the process for extending your stay in the United States is governed by federal immigration laws and regulations. Nonimmigrants in Delaware must adhere to the same USCIS procedures for extending their stay. This involves filing Form I-539, Application to Extend/Change Nonimmigrant Status, before the expiration of their authorized stay as indicated on Form I-94, Arrival-Departure Record. It is recommended to file at least 45 days prior to the expiration date. Eligibility to extend your stay is contingent upon having a valid nonimmigrant visa, adherence to the conditions of your admission, not having committed any disqualifying crimes, and possessing a valid passport for the duration of your stay. Certain categories of nonimmigrants, such as those on the Visa Waiver Program or those with transit or informant visas, are not eligible to apply for an extension. If a nonimmigrant requires a new or replacement Form I-94 or I-95, they must file Form I-102. It is important to follow these regulations to avoid being barred from re-entry or facing deportation.