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  • B2 Visitor Visa- what is the maximum allowed stay

    Ron,

    Could you please advise...is it 6 months or exactly 180 days. My parents are planning t come over but their return ticket is for exactly 6 months, which is a day or two over 180 days. I hope it doesn't cause an issues with the POE Officer.

    I think a lot of people are confused about maximum allowable stay...would aprpeciate your insight on this issue.

    Many thanks!

  • #2
    Re: B2 Visitor Visa- what is the maximum allowed stay

    You have raised a good point and one that needs to be discussed a bit. The purpose of a tourist (B-2) visa is to allow someone to come to the U.S. for a temporary visit. The statute defines this category as:

    Sec. 101(a)(15)(B) an alien (other than one coming for the purpose of study or of performing skilled or unskilled labor or as a representative of foreign press, radio, film, or other foreign information media coming to engage in such vocation) having a residence in a foreign country which he has no intention of abandoning and who is visiting the United States temporarily for business or temporarily for pleasure;
    The implementing regulation (8 CFR 214.2(b)) provides:

    214.2(b)(1) General. Any B-1 visitor for business or B-2 visitor for pleasure may be admitted for not more than one year and may be granted extensions of temporary stay in increments of not more than six months each, except that alien members of a religious denomination coming temporarily and solely to do missionary work in behalf of a religious denomination may be granted extensions of not more than one year each, provided that such work does not involve the selling of articles or the solicitation or acceptance of donations. Those B-1 and B-2 visitors admitted pursuant to the waiver provided at 212.1(e) of this chapter may be admitted to and stay on Guam for a period not to exceed fifteen days and are not eligible for extensions of stay.

    214.2(b)(2) Minimum six month admissions. Any B-2 visitor who is found otherwise admissible and is issued a Form I-94, will be admitted for a minimum period of six months, regardless of whether less time is requested, provided, that any required passport is valid as specified in section 212(a)(26) of the Act. Exceptions to the minimum six month admission may be made only in individual cases upon the specific approval of the district director for good cause.
    The Department of State's Foreign Affairs Manual, Volume 9, Part 41 provides additional guidance as to requirements for B-2 eligibility:

    9 FAM 41.31 N1.1 Factors in Determining Entitlement to Temporary Visitor Classification

    a. In determining whether visa applicants are entitled to temporary visitor classification, you (the consular officer) must assess whether the applicants:
    (1) Have a residence in a foreign country, which they do not intend to abandon;
    (2) Intend to enter the United States for a period of specifically limited duration; and
    (3) Seek admission for the sole purpose of engaging in legitimate activities relating to business or pleasure.

    b. If an applicant for a B1/B2 visa fails to meet one or more of the above criteria, you must refuse the applicant under section 214(b) of the INA (See 9 FAM 40.7 for a complete discussion on Refusals Under Section 214(b)).

    9 FAM 41.31 N3.1 Period of Time in United States Consistent with Purpose of Trip


    The period of time projected for the visit must be consistent with the stated purpose of the trip. The applicant must establish with reasonable certainty that departure from the United States will take place upon completion of the temporary visit. Although "temporary" is not specifically defined by either statute or regulation, it generally signifies a limited period of stay. The fact that the period of stay in a given case may exceed six months or a year is not in itself controlling, provided that you are satisfied that the intended stay actually has a time limitation and is not indefinite in nature.

    9 FAM 41.31 N3.2 Specific and Realistic Plans

    The applicant must have specific and realistic plans for the entire period of the contemplated visit.

    9 FAM 41.31 N3.3 Evaluating Cases

    In evaluating these cases, you should not focus on the absolute length of the stay, but on whether the stay has some finite limit. For example, the temporariness requirement would be met in a case where the cohabitating partner will accompany, and depart with, the "principal" alien on a two-year work assignment or a four-year degree program.
    From all of this, you should learn the following:
    1. A B-2 visitor should be able to articulate a clearly temporary purpose in coming to the US and should not describe his or her plans as indefinite in nature.
    2. The CBP will grant a minimum B-2 stay of six months. They can give more time initially, but will do so only if the visitor can make a persauasive case for more time.
    Ron

    James Ronald Gotcher
    Global Immigration Partners
    4505 Las Virgenes Road, Suite 107
    Calabasas, CA 91302

    818-914-6482
    Inquiries@GotcherLaw.com

    Comment


    • #3
      Re: B2 Visitor Visa- what is the maximum allowed stay

      The above information is very useful.

      Is there any minimum period required to stay outside usa for old parents on 10yr multiple entry visitor visa who visit usa frequently, almost every year, but never extend their stay here beyond permitted 180 days as per date on their I-94. Say can their next visit be after say 3 months again.

      Comment


      • #4
        Re: B2 Visitor Visa- what is the maximum allowed stay

        There are no bright line rules for this. Rather, it is a rule of reason. If you were a CBP inspector at a port of entry and you saw someone who was requesting entry as a visitor, but that person had just left the US after staying here for nine months, what would you conclude? What if the same person had previously entered three months after another nine month stay?

        The longer a visitor stays, the more likely they will be regarded as an intending immigrant on their next visit unless they have a VERY good reason for returning. Wanting to spend as much time with their family here is not such a reason. For me, a good rule of thumb is three to one. That is, if someone comes here for six months, then they should stay out for eighteen months before they come back if they want to avoid possible problems at the airport.
        Ron

        James Ronald Gotcher
        Global Immigration Partners
        4505 Las Virgenes Road, Suite 107
        Calabasas, CA 91302

        818-914-6482
        Inquiries@GotcherLaw.com

        Comment


        • #5
          B2 Visitor Visa-

          I Have A Question And I Also Need Your Advise. Please Help Me With It.

          I Came Here 8 Years And 4 Month Ago As A B-2 Visa For My Medical Reason. My I-94 Allow Me To Stay Here Until September 13, 2010. I Wonder Can I Do Anything To Change My Visa As Resident Here? Now I'm Attending High School And Expected To Graduate In This Summer. I Really Want To Attend College, Because I Can't Attend School In My Own Country, Since I Came Here As A Little Girl. And Now I'm So Freak Out. Please Give Me An Answer. Thank You For Your Time.

          Comment


          • #6
            Re: B2 Visitor Visa- what is the maximum allowed stay

            I think you are confusing the validity period of your visa with the authorized stay you were given on your I-94. For a quick review of these two entirely separate concepts, please read this article.
            Ron

            James Ronald Gotcher
            Global Immigration Partners
            4505 Las Virgenes Road, Suite 107
            Calabasas, CA 91302

            818-914-6482
            Inquiries@GotcherLaw.com

            Comment


            • #7
              Re: B2 Visitor Visa- what is the maximum allowed stay

              Hello Ron,

              I tried searching a little bit on this particular issue but could not find a specific post.
              What happens when someone on a tourist visa lost their I-94, which means that they also did not return it at the airport when leaving US. Will this affect their future arrivals into the US?
              What to do?

              Thanks a lot !!

              Comment


              • #8
                Re: B2 Visitor Visa- what is the maximum allowed stay

                Keep a copy of your boarding pass.
                Ron

                James Ronald Gotcher
                Global Immigration Partners
                4505 Las Virgenes Road, Suite 107
                Calabasas, CA 91302

                818-914-6482
                Inquiries@GotcherLaw.com

                Comment


                • #9
                  Re: B2 Visitor Visa- what is the maximum allowed stay

                  Ron,

                  my inlaws were here for about 11 months last year in cnnection with the birth of my son. at the POE the officer asked them how long they have been in the US in the last 2 years. will it cause problems if they plan to visit us this fall. Is there a limit to how much one can stay within a tw ear period.

                  One of my friends mother was asked the same question and was only given a 2 month stay.

                  Appreciate your input. thanks!

                  Comment


                  • #10
                    Re: B2 Visitor Visa- what is the maximum allowed stay

                    The biggest concern visa officers and officials at port of entry have is that some people try to use visitor visas as entry documents so that they may live in the US, not visit. A visitor visa is for just that, a visit. If the person has a legitimate explanation for their planned stay and their prior stays, and the official at the port of entry finds it credible and appropriate for entry as a visitor, then they will be admitted.

                    There are so many potential variations that it is not possible to go into them all.
                    Ron

                    James Ronald Gotcher
                    Global Immigration Partners
                    4505 Las Virgenes Road, Suite 107
                    Calabasas, CA 91302

                    818-914-6482
                    Inquiries@GotcherLaw.com

                    Comment


                    • #11
                      Re: B2 Visitor Visa- what is the maximum allowed stay

                      Hi Ron,

                      I was wondering what happens or needs to be done if anyone entering USA with a B1 visa and given 4 months of stay, fails to leave at given time frame and doesn' t apply for an extention and looking for an employment.

                      Thanks

                      Comment


                      • #12
                        Re: B2 Visitor Visa- what is the maximum allowed stay

                        The visitor needs to leave the country as quickly as possible.
                        Ron

                        James Ronald Gotcher
                        Global Immigration Partners
                        4505 Las Virgenes Road, Suite 107
                        Calabasas, CA 91302

                        818-914-6482
                        Inquiries@GotcherLaw.com

                        Comment

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