A US visitor’s visa allows a six-month stay during any single visit but that does not guarantee that they can remain in the US for six months. They will have to follow the date that border officials give on the I-94 at the time of entry. Form I-94 is the US government’s official arrival/departure record for most foreign nationals entering the US and it determines how long they are allowed to stay in the US.Recently, an NRI account posted on social media that the parents came to the US with their return tickets booked in February 2027 but at the Miami port of entry, the officers allowed them to stay only till November 2026, which would make the duration of their stay only two months. The NRI account said that the parents came for the birth of their grandchild, but if they have to leave in November, they would miss the birth. The account also said that the CBP officer noticed that the father had a job in India and hence asked why the parents needed a five-month stay in the US.Read: Parents came to US for 5 months, officer allowed only 2 months as father has a job in India: NRI shares parents’ entry experience, seeks adviceWhile the NRI account sought advice on whether the parents could stay in the US until their visa expires or only until the date given on Form I-94, immigration attorney Gnanamookan Senthurjothi said this is a common misconception.
B1/B2 visa does not guarantee a six-month stay
Senthurjothi said that the CBP determines the period of admission based on the circumstances of the individual traveller. It is common for the CBP to allow a six-month stay, but it is not guaranteed.“CBP officers may consider factors such as the traveller’s stated purpose of visit, previous travel history, frequency and duration of prior stays, and other circumstances presented at the time of admission,” the attorney said, explaining that in this particular case the parents can’t stay in the US beyond the November date mentioned on the I-94 form. The expiration date printed on the visa is not the critical date here.“If the purpose of the visit has been completed, leaving the US within the authorized period of admission is generally the safest course from an immigration-compliance perspective,” he said.
B1/B2 visa versus I-94
The visa is a document in the passport while the I-94 is the electronic arrival/departure record. The visa is issued by the Department of State and the I-94 is issued by CBP.The B1/B2 visa allows one to travel to a US port of entry; it does not guarantee entry. CBP allows entry and the I-94’s date determines the authorized stay.
5 checklists for visitors on a B1/B2 visa
Senthurjothi reminded that visa validity is not same as the authorized period of stay and the five things to remember are:
- A B1/B2 visa does not guarantee admission to the US.
- A B1/B2 visa does not guarantee a six-month I-94.
- CBP determines the authorized period of stay at the port of entry.
- Always check the I-94 after entering the US.
- The visa expiration date is not the date by which you must leave the US — the I-94 controls your authorized stay.
