Visa Extension and Visitor Visa Related Questions

[bunny348]

My wife’s cousin is currently visiting USA from South America on a visitor visa. She has been here several times before for short vacations and has always left on time. I am aware that a person can stay up to 6 months on a visitor’s visa.

• She told the officers at the immigration window during arrival that she was going to leave in 2 months but her 2^nd dose of the Covid vaccine is scheduled for a date which is closer to 3 months from arrival. If she stays for 3 months will that be a problem for future visits?
• If she stays up to 5 months, after stating that she is leaving in 2 months, and wants to return on a J1 visa would it cause problems in obtaining a J1 visa?
• Can she leave now and return after 3 months and stay another 3 months on a visitor visa?
• If she asks for an extension close to the 6 month time frame, and stays here until they give her a response, will that be a problem when she needs to renew her US visa in 2024?

Thank you in advance for your help.

[rkk09]

Hi,
Please see my response below..
She told the officers at the immigration window during arrival that she was going to leave in 2 months but her 2^nd dose of the Covid vaccine is scheduled for a date which is closer to 3 months from arrival. If she stays for 3 months will that be a problem for future visits?
Answer: You have not mentioned that, what is the duration she got approved on I-94. If she is staying in USA within I-94 validity, there will not have any issues.. Otherwise, Staying beyond I-94 validity will make issue.. In this situation, you can apply extend the period of stay with USCIS.
If she stays up to 5 months, after stating that she is leaving in 2 months, and wants to return on a J1 visa would it cause problems in obtaining a J1 visa?
Answer: As i mentioned above, within I-94 validity will not have any problem.. If she stays beyond I-94 validity will make issue on future visa..
Can she leave now and return after 3 months and stay another 3 months on a visitor visa?
Answer: Yes.. Thats best idea.. But she needs to have proper reason to travel back.
If she asks for an extension close to the 6 month time frame, and stays here until they give her a response, will that be a problem when she needs to renew her US visa in 2024?
Answer: No. as long as you file the petition on extend of stay will not make any issues in future. But please make sure to file the petition before I-94 expires..
Thanks

[bunny348]

Thank you.