Now Reading: US visa does not guarantee six-month stay, warns immigration attorney
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US visa does not guarantee six-month stay, warns immigration attorney
US visa does not guarantee six-month stay, warns immigration attorney
A US B1/B2 visa does not guarantee a six-month stay in the country, immigration attorney Gnanamookan Senthurjothi has said, after an NRI family faced a shortened stay at the Miami port of…
A US B1/B2 visa does not guarantee a six-month stay in the country, immigration attorney Gnanamookan Senthurjothi has said, after an NRI family faced a shortened stay at the Miami port of entry. The parents arrived with return tickets for February 2027 but were allowed to stay only until November 2026 by Customs and Border Protection (CBP) officers. The NRI account on social media said the parents had come for the birth of their grandchild, but the officers noted the father still held a job in India and questioned the need for a five-month stay.
The attorney said CBP determines the authorised period of stay at entry based on factors such as the purpose of the visit, travel history and prior stays. The expiration date on the visa is not the controlling date, the I-94 form issued by CBP determines how long a visitor may legally remain. He advised that leaving the US within the authorised period is the safest option from an immigration-compliance perspective. Travellers should always check their I-94 after entering the US and understand that visa validity is not the same as authorised stay.
Indian Opinion Analysis
The confusion arises because the B1/B2 visa itself states it is valid for up to 10 years, leading many travellers to assume each visit automatically allows six months. Under US immigration law, however, the Department of State issues the visa, but the Department of Homeland Security's CBP decides admission length at each port of entry. For Indian nationals, whose overstay rates have been flagged by US agencies in recent years, CBP scrutiny is often higher. The practical takeaway is that travellers with a job or strong ties abroad should carry proof of leave approval, and those visiting for a specific event such as a birth should be prepared to show evidence of the expected date. The next time CBP updates its electronic I-94 system, visa holders may see faster processing but no change in discretion at the border.
Source: timesofindia.indiatimes.com
This brief was synthesised by AI from the source linked above.
