A relative visiting from Guatemala in B-2 status can request an extension using Form I-539 if the USCIS eligibility conditions are met. USCIS requires applying before the authorized stay expires and recommends applying at least 45 days beforehand; filing does not itself grant lawful immigration status. If status expires after filing, the application does not automatically protect the applicant from removal. The general filing fees in the USCIS fee schedule are $470 on paper and $420 online.
Quick summary: Check the I-94 expiration date, eligibility and the accepted form edition before preparing the application. Visa validity and the authorized stay are different. USCIS may require biometrics and will send an appointment notice if necessary. A decision time could not be verified from the sources consulted.
Steps for preparing the request
- Check the authorized stay. Use the I-94 expiration date and apply before the authorized stay expires. USCIS recommends applying at least 45 days beforehand; this is not a guaranteed processing window. USCIS may excuse late filing only in very limited circumstances if you demonstrate when filing that the delay was due to extraordinary circumstances beyond your control, its length was reasonable, you have not otherwise violated your status, you remain a bona fide nonimmigrant, and you are not in removal proceedings.
- Review eligibility with the visitor. USCIS lists lawful admission with a nonimmigrant visa, still-valid nonimmigrant status, no crimes making the visitor ineligible for a visa, no violation of admission conditions, and a passport that remains valid throughout the stay. The instructions include B-1 business visitors and B-2 pleasure visitors.
- Check the form edition. The USCIS form page, consulted on October 22, 2026, says it continues to accept the 08/28/24 edition of Form I-539 and does not accept the 09/15/26 edition under the order described there. Use the official form page to check the applicable edition before filing.
- Review the instructions and fee category. The USCIS instructions are the official reference. The fee schedule lists general filing at $470 on paper and $420 online. These are general fees, not a determination of an individual applicant’s category or eligibility to file online.
- Address gaps before submitting. The form page links a checklist of required initial evidence, and the instructions specify the B-1/B-2 evidence described below. We could not confirm the filing address or online-filing eligibility rules from the sources consulted; do not treat this page as a complete filing checklist.
Documents and records
| Document or record | What USCIS says | Limit |
|---|---|---|
| Form I-539 | The instructions include B-2 visitors; the USCIS page identifies the accepted edition. | Review the B-1/B-2 evidence requirements below and the official instructions. |
| Form I-94 | Include the original Form I-94 for each person included in the application. | Apply before the authorized stay expires; USCIS allows only very limited late-filing exceptions. |
| Passport | It must be valid and remain valid throughout the stay. | We could not confirm a complete list of passport pages to submit. |
| Other supporting evidence | Submit a typed or written statement explaining the request in detail. | Address all the topics listed below. |
The B-1/B-2 instructions require the statement to explain the reasons for the request; why the extended stay would be temporary, including arrangements to depart the United States; any effect on foreign employment or residency; and how the applicant plans to support themselves financially while in the United States.
For related Guatemala documents and assistance, see passport services from the USA and finding your Guatemalan consulate.
Guatemala visa reciprocity
The State Department’s Guatemala visa page listed the following on October 8, 2026.
| Classification | Issuance/reciprocity fee | Entries | Validity |
|---|---|---|---|
| B-1/B-2 | None | Multiple | 120 Months |
| B-2 | None | Multiple | 120 Months |
The reciprocity fee is a visa issuance fee, separate from the nonimmigrant visa application fee and the I-539 filing fee. The value None does not make an extension application free.
Visa validity describes when the visa can be used for travel. It does not authorize a stay of 120 Months. Check the authorized stay separately. The Guatemala reciprocity page could not be reached when checked on October 22, 2026, so we could not confirm changes since October 8, 2026.
While the request is pending
USCIS states that a pending extension application does not confer lawful immigration status. If status expires after filing, the application also does not automatically protect the applicant from removal.
The State Department’s Foreign Affairs Manual describes a separate authorized-stay rule for unlawful-presence inadmissibility purposes while an extension or change-of-status application is pending. The Foreign Affairs Manual’s conditions include filing before the I-94 expiration date, a nonfrivolous application and no unauthorized employment. This limited rule must not be read as a blanket guarantee against overstay consequences or as a grant of lawful status.
USCIS warns that remaining longer than authorized may lead to being barred from returning and/or removal. We could not confirm a case-specific result or a decision deadline. We could not verify a processing time from the sources consulted.
Biometrics and details to confirm
The USCIS biometrics alert consulted on October 22, 2026 is archived and explicitly says its information is out of date. It does not confirm the current biometrics fee or whether an appointment is required for this filing. The I-539 instructions state that USCIS may require an interview or biometrics at any time before deciding the application. If an appointment is necessary, USCIS will send a notice with its date, time and location. Missing the biometrics appointment may lead to denial.
We also did not find an explicit Guatemala-embassy statement about US overstays in the embassy’s visa page. The State Department visitor and visa-expiration pages could not be reached when checked on October 22, 2026. The general pending-case and overstay discussion above relies on USCIS and the Foreign Affairs Manual.
This is not legal advice; ask a DOJ-accredited representative or immigration attorney about case-specific questions.
Sources and consultation dates
The sources below were consulted on October 22, 2026, except the State Department Guatemala page, consulted on October 8, 2026. The table notes pages that could not be reached.
Frequently Asked Questions
Can a Guatemalan B-2 visitor request an extension?
The I-539 instructions include B-2 visitors. USCIS lists lawful nonimmigrant admission, valid status, no disqualifying crimes, compliance with admission conditions and a passport valid throughout the stay among its eligibility conditions.
When should the visitor apply?
USCIS recommends applying at least 45 days before the authorized stay expires. USCIS requires filing before the authorized stay expires, as shown on the I-94; late filing may be excused only in very limited circumstances.
What is the filing fee?
The USCIS fee schedule lists general filing at $470 on paper and $420 online. USCIS may require biometrics and will send an appointment notice if necessary.
Does a pending I-539 give lawful immigration status?
No. USCIS says a pending application does not confer lawful immigration status. If status expires after filing, the application does not automatically protect the applicant from removal. A separate authorized-stay rule for unlawful-presence purposes has conditions, including timely filing, a nonfrivolous application and no unauthorized employment.
Does Guatemala's visa validity determine the length of the visit?
No. The State Department’s Guatemala visa page, consulted on October 8, 2026, lists 120 Months for the B-1/B-2 entry, but visa validity concerns use for travel, not permission to remain for that duration. The reciprocity page could not be reached when checked on October 22, 2026.
