B1/B2 question

[vizcard]

What is the max one can stay in the US on the B1/B2 visa in a calendar year ?

My parents were visiting earlier this year and want to come back. But the fear is that they will overstay 180 days in a calendar year. I don't know if that is the rule or not.

Any help will be useful.

[Kanmani]

What is the max one can stay in the US on the B1/B2 visa in a calendar year ?

My parents were visiting earlier this year and want to come back. But the fear is that they will overstay 180 days in a calendar year. I don't know if that is the rule or not.

Any help will be useful.

As far as I know, there is no such rule exists. Actual B1/B2 visa period allowed is 1 year. There is an unwritten rule that no I-94 is stamped for stay beyond 6 months.

But heard a lot about immigration officers asking questions in view of the frequent visit i.e., travelling within a year.

[Spectator]

What is the max one can stay in the US on the B1/B2 visa in a calendar year ?

My parents were visiting earlier this year and want to come back. But the fear is that they will overstay 180 days in a calendar year. I don't know if that is the rule or not.

Any help will be useful.Vizcard,

I don't believe there is any problem immigration wise. If CBP allow admission in B2 status, then they are good on that front.

The plan might well cause your parents tax problems, which they should be aware of.

It is possible to meet the Substantial Presence Test (http://www.irs.gov/Individuals/International-Taxpayers/The-Green-Card-Test-and-the-Substantial-Presence-Test), yet still be able to to claim a Closer Connection to a Foreign Country (http://www.irs.gov/Individuals/International-Taxpayers/Conditions-for-a-Closer-Connection-to-a-Foreign-Country). In that case, they could file a Form 8840 (http://www.irs.gov/uac/Form-8840,-Closer-Connection-Exception-Statement-for-Aliens) with the IRS.

However, that option does not exist if the person has spent 183 days or more in the USA during the year.

In that case, the IRS would treat your parents as Resident For Tax Purposes and they would be subject to US tax on their Worldwide Income.

If that is likely to be the case, I suggest they take professional advice on the implications before putting themselves in that position.

[qesehmk]

Viz

I do not know if there actually is a rule. But I knew (somehow - don't ask me how) that the limit is 6 months. This was confirmed when one of my friend's mother who started living 6 on 6 off between mumbai and phoenix and once when she overstayed then during her next visit the IOs at Phoenix only granted her 1 week of entry and asked her to go back within a week. And she did go back and then came back after a while.

Today she is a GC holder and close to getting her citizenship. In fact she qualified for medicaid recently even prior to Citizenship. (Again something a lot of people will tell you is not possible but I am telling you first hand).

So this practical example shows that the repurcussions overstay are there. But how severe .... we don't know. In this case my friends mom received what one might consider a slap on the wrist.
What is the max one can stay in the US on the B1/B2 visa in a calendar year ?

My parents were visiting earlier this year and want to come back. But the fear is that they will overstay 180 days in a calendar year. I don't know if that is the rule or not.

Any help will be useful.

[Kanmani]

Viz

I do not know if there actually is a rule. But I knew (somehow - don't ask me how) that the limit is 6 months. This was confirmed when one of my friend's mother who started living 6 on 6 off between mumbai and phoenix and once when she overstayed then during her next visit the IOs at Phoenix only granted her 1 week of entry and asked her to go back within a week. And she did go back and then came back after a while.

Today she is a GC holder and close to getting her citizenship. In fact she qualified for medicaid recently even prior to Citizenship. (Again something a lot of people will tell you is not possible but I am telling you first hand).

So this practical example shows that the repurcussions overstay are there. But how severe .... we don't know. In this case my friends mom received what one might consider a slap on the wrist.

Q,

I differ from you even though I have limited resources to prove. 6 months allowable time is minimum for B-2 described in the law while B-2 may be at the discretion of CBP issued with not more than 1 year stay.

8CFR214.2.b

b) Visitors—

(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 period not to exceed fifteen days and are not eligible for extensions of stay.

(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.

[qesehmk]

Kanmani

The story I told is a real one. So there is nothing there to differ about. I do not claim to know the law !! Neither I claim to know how on earth if 1 year is allowed on B1 that my friend's mom was sent back to India which was very painful for the old lady. So may be that's why the IO was kind with her and gave her a week to sort things out. I very clearly know that she was specifically told that she overstayed beyond 6 months.


Q,

I differ from you even though I have limited resources to prove. 6 months allowable time is minimum for B-2 described in the law while B-2 may be at the discretion of CBP issued with not more than 1 year stay.

8CFR214.2.b

b) Visitors—

(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 period not to exceed fifteen days and are not eligible for extensions of stay.

(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.

[Kanmani]

Kanmani

The story I told is a real one. So there is nothing there to differ about. I do not claim to know the law !! Neither I claim to know how on earth if 1 year is allowed on B1 that my friend's mom was sent back to India which was very painful for the old lady. So may be that's why the IO was kind with her and gave her a week to sort things out. ****ery clearly know that she was specifically told that she overstayed beyond 6 months.

Q,

I had difference of opinion with the above quoted line in my previous post (in blue only). Not with the real story.

Viz's original doubt was "What is the max one can stay in the US on the B1/B2 visa in a calendar year ?" Your answer was 6 months, for which I differed.

I have even mentioned about CBP objections on repeated visits in my first post of this thread .

[Spectator]

Kanmani

The story I told is a real one. So there is nothing there to differ about. I do not claim to know the law !! Neither I claim to know how on earth if 1 year is allowed on B1 that my friend's mom was sent back to India which was very painful for the old lady. So may be that's why the IO was kind with her and gave her a week to sort things out. ****ery clearly know that she was specifically told that she overstayed beyond 6 months.Possibly she was granted discretionary parole into the USA for the one week period.

An overstay means automatic voiding of the visa in the passport, whether it is marked as such or not. The person must apply for a new visa in their home Country. Possibly, she had not done so.

Impossible to tell. As you said, she had a very kind IO.

[vizcard]

Vizcard,

I don't believe there is any problem immigration wise. If CBP allow admission in B2 status, then they are good on that front.

The plan might well cause your parents tax problems, which they should be aware of.

It is possible to meet the Substantial Presence Test (http://www.irs.gov/Individuals/International-Taxpayers/The-Green-Card-Test-and-the-Substantial-Presence-Test), yet still be able to to claim a Closer Connection to a Foreign Country (http://www.irs.gov/Individuals/International-Taxpayers/Conditions-for-a-Closer-Connection-to-a-Foreign-Country). In that case, they could file a Form 8840 (http://www.irs.gov/uac/Form-8840,-Closer-Connection-Exception-Statement-for-Aliens) with the IRS.

However, that option does not exist if the person has spent 183 days or more in the USA during the year.

In that case, the IRS would treat your parents as Resident For Tax Purposes and they would be subject to US tax on their Worldwide Income.

If that is likely to be the case, I suggest they take professional advice on the implications before putting themselves in that position.

Thanks to both of you. I am aware of the tax issues. Based on my understanding there is a bigger tax hassle in India. If they are outside for more than half a year I believe they are considered NRIs.

[qesehmk]

Kanmani - I understand. I do not know the answer. I only gave a real situation that seems to confirm the "unsupported" answer - which is 6 months.


Q,

I had difference of opinion with the above quoted line in my previous post (in blue only). Not with the real story.

Viz's original doubt was "What is the max one can stay in the US on the B1/B2 visa in a calendar year ?" Your answer was 6 months, for which I differed.

I have even mentioned about CBP objections on repeated visits in my first post of this thread .


Possibly she was granted discretionary parole into the USA for the one week period.

An overstay means automatic voiding of the visa in the passport, whether it is marked as such or not. The person must apply for a new visa in their home Country. Possibly, she had not done so.

Impossible to tell. As you said, she had a very kind IO.
So spec - interestingly they didn't cancel her visa to my knowledge. I will ask my friend and confirm tomorrow. Yes indeed the IO was very kind to her.

Here is another interesting story ... one of my friend's mom in 1998 went to Mumbai consulate without any appointment and asked for a US visa (after filling any relevant forms on the spot of course!) and got a 10 year visa. The folks in consulate asked her why she needed a visa and she said she wanted to see her son who was doing a PHD in US. Those were good old days. I received my US visa twice without even visiting consulate. I guess things changed after 2001.

[na_dev]

Saw this discussion on B1, thought to share what I learnt.

As per my experience, in B1/B2 One can stay till the time he/she get's i-94 for. If you want to stay more you have to extend the B1 from USCIS. As far as I know, at max you can stay on B1 1 year at a stretch, of-course with extension.

Case 1- I came first time to USA in 2003 on a B1/B2. Initially got 4 months of B1 stay. Company extended B1 for 4 more months. I stayed for another 4 months and went back before my i-94 date.

Case-2

My In-laws have a 10 year visa stamped in INDIA.

1st time came to USA in 2011, got i-94 for 6 months. my Brother in-law wanted them to Stay for more. He extended their B1 for 6 months. They stayed for another 4 months and then went back.

Again they came to USA in 2012 Nov , 1 year after leaving USA. Stayed for 6 months with us and then went back.

The key is if you have extended B1 within USA, after leaving , do not come back within next 6 months.. otherwise you may be returned at the port of entry on the basis that you are using b1 to work, not to visit. Also you have to leave the country within your i-94 dates. But the con is getting a next b1 visa will be difficult.

Note : - Do not try to do this if you have not a 10 year B1 visa. If you just got a 1 year B1 visa, you will have a very hard time getting another B1 visa after extension within USA. Lot of cases I know where subsequent B1 stamping was rejected after 1st b1 visa extension within USA.

Thanks.

[vizcard]

My parents have a 10 year visa and I don't plan on extending a stay. My question was around whether they could stay more than 180 days over 2 visits.

My parents just told me what dates they are thinking -
-They were here from Early Feb to end May (approx 4 months)
-We want to come back mid-Sept and stay through end of the year (another 3.5 months)

At no point will they be over 6 months on an individual trip but the total for the year will be 7.5 months.

Immigration rules are clear as mud and then executed any which way. Q's anecdote is proof of that.

[vizcard]

Guys and gal,
What I'm gleaning from the posts so far are
- there is no limit to total days in a year
- no single stay for more than what is granted by the IO (generally 6 months)
- don't try to apply for extension inthe US (for long term reasons)

Correct?

I'll throw another story out there -
My in-laws don't have a "valid until" date on their entry stamp. Generally the IO will stamp and write B2/ valid until <some date generally 6 months>. Ofcourse they are not planning on staying past 6 months but here's another example of crap that happens.

[Kanmani]

Guys and gal,
What I'm gleaning from the posts so far are
- there is no limit to total days in a year
- no single stay for more than what is granted by the IO (generally 6 months)
- don't try to apply for extension inthe US (for long term reasons)

Correct?

I'll throw another story out there -
My in-laws don't have a "valid until" date on their entry stamp. Generally the IO will stamp and write B2/ valid until <some date generally 6 months>. Ofcourse they are not planning on staying past 6 months but here's another example of crap that happens.

Correct for the first two statements.

Extension of stay is not guaranteed until the last minute, rejections are as common as approvals creating unnecessary stress and tension. In view of rejection, there will be a out of status period accrued which might hinder their next visit.

CBP side crap is ok , when you miss something like middle name entry, their national bird will pick you up and throw you in Sahara. ( personal experience)

CBP might have entered the valid until date in their system. (Guessing)

[na_dev]

viz,

In my opinion, theoretically it's ok, as you are planning ur parents visit.

The gray area is multiple entry in same year. I know if the purpose is for business then it is allowed . But check if it is ok for visitors or not. There may be some risk there, who knows what kind of officer you will face at PO.

[vizcard]

viz,

In my opinion, theoretically it's ok, as you are planning ur parents visit.

The gray area is multiple entry in same year. I know if the purpose is for business then it is allowed . But check if it is ok for visitors or not. There may be some risk there, who knows what kind of officer you will face at PO.

not an issue. They've done it before.