B1/B2 VISA ONLY 1 MONTH ALLOWED?

[Gumbolette 58]

Fellas,

My uncle is here for a convention and he has a B1/B2 Visa.However, when he arrived at Detroit as his POE last July 5th, the officer stamp him only until August 9th, yet his departure will be August 10th. The question arises that will he have any trouble on his exit by August 10th?

In my own understanding, B1/B2 should have at least 6 months allowable stay here in the states.

Feedbacks are very much appreciated.

[Deputy Purple 1,294]

B1/B2 CAN (not should) have up to 6 months legal presence allowed. The CBP Officer makes the determination of actual allowed presence at the POE.

1 day of overstay doesn't trigger any ban but it might be worth contacting the POE and inquiring about extending the i-94 by 1 day.

[Gumbolette 58]

B1/B2 CAN (not should) have up to 6 months legal presence allowed. The CBP Officer makes the determination of actual allowed presence at the POE.

1 day of overstay doesn't trigger any ban but it might be worth contacting the POE and inquiring about extending the i-94 by 1 day.

alright. get it.

However, based from what my uncle said, he is the only one that was given that short period for a stay. People from Africa, New Guinea who are here for that same purpose had much longer duration of stay. That's just something.

[Deputy Purple 1,294]

However, based from what my uncle said, he is the only one that was given that short period for a stay. People from Africa, New Guinea who are here for that same purpose had much longer duration of stay. That's just something.

The decision is on an individual basis (case by case). Unfortunately there are valid reasons why B-Class Visas are more difficult to obtain from some countries. It's reasonable that when the purpose of a visit is something with a short required duration then the I-94 is also shorter.

Also, if his return flight was already booked for Aug 10 then I'd say the CBP Officer meant to set the I-94 to expire on Aug 10 but made a mistake.

[rheanick 42]

alright. get it.

However, based from what my uncle said, he is the only one that was given that short period for a stay. People from Africa, New Guinea who are here for that same purpose had much longer duration of stay. That's just something.

Why not go back and ask your uncle be extended. If you feel that he is being discriminated, then voice your concern. This is a free country.

[Gumbolette 58]

Why not go back and ask your uncle be extended. If you feel that he is being discriminated, then voice your concern. This is a free country.

I was even thinking of that too. But he will be coming over here at our house for 6 days from Chicago then I can just help him find ways to be extended. From here in Louisiana, he will be flying in NY to visit another family member then from there he will fly back home.

I asked him too to call JFK's DHS and ask if he will indeed have a problem. I'm waiting for his reply.

Thank you for you input Rhearick.

[edp333 9]

Your uncle is in a catch 22 situation. It will take longer to get an extension than his stay. Contacting the POE may be the best option.

[Gumbolette 58]

Your uncle is in a catch 22 situation. It will take longer to get an extension than his stay. Contacting the POE may be the best option.

To me, the officer who stamped his passport is to be blame. Because I am quite sure that B1/b2 visa holders should be presenting their return ticket and that officer didn't stamp him the right date.

Another concern is, its gonna be hell of a ride to move his flight back to the Philippines a day after his scheduled date since his ticket was bought by the organization he is representing in.

I should impose him to call the PoE immediately to have his situation squared out.

[Brother Hesekiel 2,236]

At the POE, the Immigration Officer asked your father how long he would want to stay. He then asked him to see the return ticket. The flight was booked on August 10, so he was allowed to spend all day 'til August 9 in the US and has to return on August 10.

Although an extension is possible, it's a lot of paperwork for nothing and not needed. If he leaves on the 10th, he's perfectly in compliance with the I-94 and does not accumulate any overstay.

[Gumbolette 58]

At the POE, the Immigration Officer asked your father how long he would want to stay. He then asked him to see the return ticket. The flight was booked on August 10, so he was allowed to spend all day 'til August 9 in the US and has to return on August 10.

Although an extension is possible, it's a lot of paperwork for nothing and not needed. If he leaves on the 10th, he's perfectly in compliance with the I-94 and does not accumulate any overstay.

Whew! what a relief! Thank you JBob.

Thank you for the replies!

[T_and_A 3]

I think it would still be worth calling the POE to find out...

What about if there are unprecedented delays in flight? For whatever extreme scenarios, flight gets cancelled or whatever, can he go in and out of the airport if his stamp is only until Aug 9? Just thought it would be nice knowing that there is a cushion before the actual visa expires before your trip home. Just my thought..

[edp333 9]

Let's get the correct information here.

The 1996 reform changed the laws on overstays. In common English the law states: You must leave the U.S. on or before the expiry of the authorized period of stay granted at admission or with any subsequent Extension of Stay or Change of Status, unless you file a timely, non-frivolous application for Extension of Stay, Change of Status or Adjustment of Status.

An overstay of one day will most likely be overlooked. A 180 day but less than one year overstay will trigger a 3 year ban. But, the USCIS has the right to cancel the visa or deny future entry. Chances are the overstay will be a non-issue.

For example, speeding five miles per hour (MPH) over the speed limit generally will not get you a speeding ticket. But speeding one mph over can get you a ticket.

I am not an immigration lawyer, but a little research will get you the correct information. Since I am busy with ROC you will need to find your own links.