The B-2 visa is what is typically defined as a tourist or visitor visa. It is meant to be temporary and is restricted to a maximum stay of 6 months. In the rarest of occasions does the USCIS extend the B-2 visa beyond the 6 months limitation. Recently, I have been getting a lot of inquiries about extending B-2 visas due to the tourist being pregnant. Does being pregnant make you automatically eligible for a B-2 visa extension? In short, no.
However, one can always try. First, you will have to file a I-539 which is the application to extend/change nonimmigrant status. The application fee for the I-539 is $300. In order to improve your chances for getting the I-539 approved you will need to build a compelling case. Having a doctor’s report to show that the pregnancy is too advanced and that flying will on the departure date will not be safe for the visitor and fetus will help with the case. Additional facts that may strengthen your case will be proof of your itinerary such as a pre-purchased plane ticket back home and where you plan to stay while in the United States. Also, evidence that you are able to afford the medical services for the birth in the United States can’t hurt. Of course with all of these convincing factors, USCIS still reserves the right to deny the application to extend.
