Tourist visa for 12 months

[Nimaan 27]

I need your help fellow VJ'ers!!

My mom got a multiple tourist visa for 12 months. My question is, can she come and stay in the USA for the whole 12 months? If she is only gets the I 94 for 6 months, can she leave the country (Canada) and be back so she doesnt overstay her I 94?

Will the CBP let her at POE if she tells them she plans to stay for 12 months?

[Kathryn41 3,205]

The maximum stay allowed as a visitor at one time is about 6 months, although it is ultimately up to the border authorities each and every time you enter the US how long you will be allowed to stay. Generally, citizens of non-North American countries who are visiting the US and cross the border into Canada and then return to the US are not considered to have two separate visits to the US - they are counted as being part of the same visit, so unless your Mother plans on staying in Canada for several months as well, it is unlikely she would be allowed to stay 6 months, leave to visit Canada and then return to the US for another 6 months. Depending on her country of nationality she may also require a visa to enter Canada.

One option she can consider is to apply for an extension of her authorized stay when she is in the US. It would be good to apply several months earlier than the expiry date on her I-94, which she will be given when she enters the US, so as not to incur any out of status time in case the extension is denied. Generally, USCIS prefers people to have specific reasons for extended visits because someone who is living in the US for a year may appear to be 'more' than a visitor.

If her I-94 is stamped 'no adjustment/extension authorized' on it - which sometimes happens - then she would not be able to extend her visit beyond the I-94 date. It is best to plan on a 6 months visit at the most - and even that is not guaranteed - with a return back home for a few months and then another visit to the US. USCIS generally likes visitors to spend at least equal time outside of the US as inside the US on a visit.

If your mother tells the border authorities that she is planning to stay for 12 months it is almost guaranteed that she will be denied entry, even with the visa.

[Boiler 46,080]

If her I-94 is stamped 'no adjustment/extension authorized' on it - which sometimes happens - then she would not be able to extend her visit beyond the I-94 date.

Actually you can, seen quite a few cases where people have despite this annotation. Not sure if it has any legal standing, more a warning perhaps.

I would not seek an extension unless she has not intention of visiting again anytime soon.

They gave her a visa to visit, not move.