Visitor visa (B1/B2) extension

[piggy86]

Been following this forum for a while and has been very helpful. My father applied for a visitor visa last year (on the purpose of graduation) and was issued 221g, but later a 1 year visa was approved (mother was approved for 10yrs). However, due to family situation, he was not able to travel and he is planning to travel now in Feb. His visa is expiring in May.

- We were thinking of applying for a visa extension so that he could stay longer like 5 months or so. Will this be a problem since he has not used his earlier visa?

- Or should he just travel in Feb and apply for a extension of I-94 here in April or so?

THanks for the help...

[jnk]

He can enter to USA at any time before his visa expiration date.

His duration of stay will be decided by immigration office at the port of entry- that is I-94 stamp.

Please read FAQ- Travel section,

https://www.immihelp.com/usa-tourist-visa-faq/

[piggy86]

Thanks for the input. Is there a chance we can get more time at the port of entry itself. His visa is valid till May. He is planning to travel in Feb, so he will have 3 months left. Will the officer directly just give a 3month stamp on the I-94, or is there a chance he could get more. My mother will also be travelling with him, she has a 10 year visa.

Also, how should we book our air tickets. Should we just assume for 3 months and book till May, or make plans for 6 months and then request for the 6 month stay at port of entry...

He can enter to USA at any time before his visa expiration date.

His duration of stay will be decided by immigration office at the port of entry- that is I-94 stamp.

Please read FAQ- Travel section,
https://www.immihelp.com/usa-tourist-visa-faq/

[piggy86]

Could somebody address the below query? Is there a chance that the POE officer will stamp only 3mo since he has 3 months left on his visa?

Also, should we plan our travel for 3 mo or 6 mo and book air tickets accordingly?

Thanks for the input. Is there a chance we can get more time at the port of entry itself. His visa is valid till May. He is planning to travel in Feb, so he will have 3 months left. Will the officer directly just give a 3month stamp on the I-94, or is there a chance he could get more. My mother will also be travelling with him, she has a 10 year visa.

Also, how should we book our air tickets. Should we just assume for 3 months and book till May, or make plans for 6 months and then request for the 6 month stay at port of entry...

[ramabalaji]

On July 14, 2015 In Dallas DFW airport the Immigration officer stamped in the passport only till the last day of his visa validity which was 28 Sep 2015. My friend had to reschedule his tickets and return before 28 Sep 2015 though originally he booked his return ticket assuming he will get 6 months. So one can not say what is in the mind of the immigration officer.

[piggy86]

My father had his I94 stamped for 6 months till Aug. His visa is till May 26. ANd he entered US last week. So is it fine for him to stay till Aug?

From what I have read, this seems a no brianer, but I am concerned for his future visa interviews in the B1/B2 category. Will it be fine if he stays on an expired visa but with a valid I-94?

[daggit]

He'll be fine staying till August if that's what the i94 says. The visa expiration date is moot as CBP allowed him entry and stay till August.


This is not a legal advice. Use at your own risk.

[piggy86]

I was thinking if anybody has been through this situation of expired visa but stayed within the date mentioned on I-94. Was your visa interview next time any different? Any questions asked?

[Libra_14]

For renewing of visa, he will be eligible for drop-box scheme, he may not have to go through the visa interview.

[piggy86]

For renewing of visa, he will be eligible for drop-box scheme, he may not have to go through the visa interview.

Sorry for not wording my question right. I wanted to ask will he have issues in future visa approvals (interview or not is fine)?

[daggit]

What sort of issues are you concerned about?

If valid visas are used appropriately without abuse or long stays, obtaining future visas can be easier. However, no one here can guarantee a "renewal". 50/50 chance.

[Libra_14]

As long as he enters in USA before his visa expiration, he is fine for the first visit.

Try to give them a letter https://www.immihelp.com/sample-lett...visitors-visa/ for requesting longer stay.

He can legally stay here until his I94 expires - no one can predict what end date will come in his I94.

It is suggested to have him go back to India before I94 end date.

Let him apply for renewal of his visa once he is back - chances are pretty high to get the visa renewed, considering he won't abuse the visa & not staying long.

Let him come back USA, with the new visa & new I94 (which will again be for 6 months).

Hope this helps.

[piggy86]

As long as he enters in USA before his visa expiration, he is fine for the first visit.

Try to give them a letter https://www.immihelp.com/sample-lett...visitors-visa/ for requesting longer stay.

He can legally stay here until his I94 expires - no one can predict what end date will come in his I94.

It is suggested to have him go back to India before I94 end date.

Let him apply for renewal of his visa once he is back - chances are pretty high to get the visa renewed, considering he won't abuse the visa & not staying long.

Let him come back USA, with the new visa & new I94 (which will again be for 6 months).

Hope this helps.

Thanks for the replies. I understand no one can guarantee abt visa approvals. Just wanted people's opinion about staying with an expired visa but with a valid I-94. I understand it is not against the rule for present stay, but was more concerned on impact on future visa application. When he interviewed last year, it was not all smooth and was given a 221g (as he worked in aeronautical industry) and approved for only 1 year.

Looks like it should be fine.

[Libra_14]

You yourself gave the answer:

When he interviewed last year, it was not all smooth and was given a 221g (as he worked in aeronautical industry) and approved for only 1 year.


He was given 1 year because of his professional career. The best bet for you will be to let him go back & reapply for visa - there are 90% chances that he will get visa renewed for next 10 years.