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END OF LIFE PLANNING

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A nonimmigrant at times may have a need to extend their stay or change to another nonimmigrant status. This generally requires showing a need for the extensions or change and the intension to remain a nonimmigrant.

For example, if a B-2 visitor authorized to stay for 6 months has a medical emergency causing them to not be able to return home before this authorized time is up, a qualified attorney can help them submit a request for this stay to be extended. This type of request may be approved if USCIS is convinced the nonimmigrant has a valid reason to stay and still intends to return home when able.

When it comes to the spouse and children of an H-1B nonimmigrant worker, they will need to apply for an extension of their H-4 status every time their spouse's status is extended. The H-4 status is not automatically extended when the H-1B status is extended. An immigration attorney will advise on the proper documents to submit at the appropriate time.

In other instances, a nonimmigrant may arrive to the U.S. in one nonimmigrant status, but have reason to change to a different nonimmigrant status. This may be a visitor changing to student status or a student changing to a dependent status, for example. It is important to consult with an immigration attorney when changing status, as each status requires different documentation in order to be approved.

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