Question on I-94 duration with less than 6 months on Tourist Visa

[mahesh_bc]

Hello,

My parents already have visa for 10 years that expires this April 2012. I wish to bring them to US in February 2012. I was wondering if anybody knows whether they can still stay in US for 6 months? or Their I-94 will have expiration date of April 2012? I highly appreciate your views, opinions and feedback.

Thanks,
Mahesh

[raghvi]

Question on I-94 duration with less than 6 months on Tourist Visa

In most likelihood their I-94 will be valid only till April 2012 as that's when the Visa is expiring. As a matter of fact there is no 6 Month rule as such, it so used to happen in the past that VO at the POE used to give 6 Month valid I-94 to enable people to complete business/personal travel even if it gets extended by a few weeks. There also have been situations wen VO wasn't convinced enough and they gave I-94 for only a few days or weeks. In a nutshell best case scenario would be that I-94 will be valid till Visa expiry. This is my opinion please do seek expert and legal opinion too.

[mahesh_bc]

Thanks a lot, raghvi. Ya my perception is also the same that their I-94 will be valid only till April 2012. I think best bet might be to renew their visa.

Thanks,
Mahesh

[kabkaba]

I-94 has nothing to do with Visa expiry. If the inspection officer feels that they have sufficient reason to stay for 6 months, they will be given 6 months.

[mahesh_bc]

Hello Kabkaba,

Thanks for your view.. However, in case of my parents when then visited us before, the immigration office never asked them the reason as to why they are visiting US or for what duration they wish to stay in US. So I was wondering how will they be convinced that they should give I-94 for 6 months.

Do you guys think I should pop this question directly to USCIS and see if they have any definitive answer to this question?

Thanks a million.
Mahesh

[kabkaba]

They sure ask questions like 'where are you staying' or some such questions. Normally a blanket 6 months is given if the previous trip was more than 1 year ago.