Rules for B-2 visa holder

[Michael and Ganna 104]

I am trying to find the rules for my wife visiting the USA. She holds a 10 year multi-entry B-1/B-2 visa, and we have NOA1 on CR-1. She came for visit for 3 weeks in October. I have a back operation scheduled in December. The Dr does not advise me to travel back to Ukraine for 12 weeks. My question is when does her 180 days start? From the date that she entered in October....or does the date "refresh" on re-entry?

[az2014 381]

Yes when she enters again she will get another stamp, up to 6 months, the length is not guaranteed.

[Kastrs 723]

The 180 days is the maximum amount of time that CBP may allow her to stay. So theoretically she would be allowed another 180 days on this trip if CBP grants her the full time. Considering your timeline, it is definitely possible she would not be able to stay the maximum time anyway because she will likely have her interview during that time. Best of luck

[Penguin_ie 5,993]

She most likely will get 180 days when she re-enters, but it is not guaranteed.

[Vicha 7]

US Law authorizes stay in the country for no more than 180 days in ONE CALENDAR YEAR. All the days of your stay in the United States during various trips to the US in a calendar year are summarized.

Anyway, a decision on the term of stay is taken by border guards during passport control. You can be allowed to entry the US, even if you have already been in America for more than 180 days in one calendar year (especially if you arrive a few times for short periods throughout the year, or you have good reasons for long stays), but it can also serve as basis for refusing entry to your follow-up visit. Increasingly, foreigners entering the Us on a visa B1/B2, denied entry for this reason..

Edited November 11, 2015 by Vicha

[Vicha 7]

US Law authorizes stay in the country for no more than 180 days in ONE CALENDAR YEAR. All the days of your stay in the United States during various trips to the US in a calendar year are summarized.

Anyway, a decision on the term of stay is taken by border guards during passport control. You can be allowed to entry the US, even if you have already been in America for more than 180 days in one calendar year (especially if you arrive a few times for short periods throughout the year, or you have good reasons for long stays), but it can also serve as basis for refusing entry to your follow-up visit. Increasingly, foreigners entering the Us on a visa B1/B2, denied entry for this reason.

[Transborderwife 4,666]

Where does it state calendar year in the law? This comes up often here

[Boiler 45,505]

Where does it state calendar year in the law? This comes up often here

It doesn't.

[aaron2020 11,651]

US Law authorizes stay in the country for no more than 180 days in ONE CALENDAR YEAR. All the days of your stay in the United States during various trips to the US in a calendar year are summarized.

Anyway, a decision on the term of stay is taken by border guards during passport control. You can be allowed to entry the US, even if you have already been in America for more than 180 days in one calendar year (especially if you arrive a few times for short periods throughout the year, or you have good reasons for long stays), but it can also serve as basis for refusing entry to your follow-up visit. Increasingly, foreigners entering the Us on a visa B1/B2, denied entry for this reason.

Please cite the US law that you say limits a visitor to no more than 180 days in ONE CALENDAR YEAR.

I have never heard of this law.

Oh, my aunt stayed in the US for 10 months as a visitor; Dec. 2000 to Oct. 2001. She was granted an extension. She visited the US for more than 180 days in one calendar year.

[aaron2020 11,651]

Where does it state calendar year in the law? This comes up often here

People are mistaking a rule of thumb for a law.

If a person has a multi-use visa, it's advisable not to spend more than 180 days in the US every year as a rule of thumb. If a person spends more time than that, it appears the person is living here illegally and visiting abroad. This puts the visa at risk.

There is no law restricting a visitor to 180 days in a calendar year. My aunt legally visited for almost 300 days.

Edited November 11, 2015 by aaron2020

[Vicha 7]

People are mistaking a rule of thumb for a law.

If a person has a multi-use visa, it's advisable not to spend more than 180 days in the US every year as a rule of thumb. If a person spends more time than that, it appears the person is living here illegally and visiting abroad. This puts the visa at risk.

There is no law restricting a visitor to 180 days in a calendar year. My aunt legally visited for almost 300 days.

Your aunt legally stayed for almost 300 days because she was granted an extension, filing a request with USCIS before her authorized stay expired, right? An additional maximum extension of 6 months can be granted based on the USCIS approval. So, your aunt was fine, staying in the US for almost a year on B1/B2 visa. .

[Transborderwife 4,666]

Still waiting to see the law

Edited November 11, 2015 by Transborderwife

[aaron2020 11,651]

Your aunt legally stayed for almost 300 days because she was granted an extension, filing a request with USCIS before her authorized stay expired, right? An additional maximum extension of 6 months can be granted based on the USCIS approval. So, your aunt was fine, staying in the US for almost a year on B1/B2 visa. .

You said that US law limits a visitor to 180 days in ONE CALENDAR YEAR. That is not true. There is no such law.

My aunt stayed 300 days in the US in ONE CALENDAR YEAR.

If what you said is true, then my aunt would not have been able to stay in the US for more than 180 days in ONE CALENDAR YEAR.

Show us the law that you insist a person is limited to 180 days in ONE CALENDAR YEAR.

I also have friends with 10 years visas who visit the US frequently. Many of them have spent more than 180 days in ONE CALENDAR YEAR in the US with multiple visits in that ONE CALENDAR RULE.

Just admit that there is no such law and be done.

Edited November 11, 2015 by aaron2020

[Vicha 7]

I am trying to find the rules for my wife visiting the USA. She holds a 10 year multi-entry B-1/B-2 visa, and we have NOA1 on CR-1. She came for visit for 3 weeks in October. I have a back operation scheduled in December. The Dr does not advise me to travel back to Ukraine for 12 weeks. My question is when does her 180 days start? From the date that she entered in October....or does the date "refresh" on re-entry?

In this case we are talking about Ukraine. There have been done some amendments the procedure for obtaining visas for the citizens of Ukraine on the basis of mutual agreement between Ukraine and the United States.

I couldn't find this link on English. It is possible to translate the page and it will be still readable, just few words are not translatable But your wife can read this on original page. It says about 180 days - the last paragraph before "Visa procedure in the United States":

They also have a phone number, in New York, so it is possible, i guess, to call them to figure out what law/rule regulates those 180 days per one calendar year.

http://www.usavisa.in.ua/poleznye-stati/viza-v-ssha-srokom-na-10-let

Just saying - my parents have been warned about this, when they had their B1/B2 interview few months ago in US Embassy in Kiev..

Your wife has been here only for 3 weeks, so she is still good to travel anyway.

Edited November 11, 2015 by Vicha

[aaron2020 11,651]

In this case we are talking about Ukraine. There have been done some amendments the procedure for obtaining visas for the citizens of Ukraine on the basis of mutual agreement between Ukraine and the United States.

I couldn't find this link on English. It is possible to translate the page and it will be still readable, just few words are not translatable But your wife can read this on original page. It says about 180 days - the last paragraph before "Visa procedure in the United States":

They also have a phone number, in New York, so it is possible, i guess, to call them to figure out what law/rule regulates those 180 days per one calendar year.

http://www.usavisa.in.ua/poleznye-stati/viza-v-ssha-srokom-na-10-let

Just saying - my parents have been warned about this, when they had their B1/B2 interview few months ago in US Embassy in Kiev..

Your wife has been here only for 3 weeks, so she is still good to travel anyway.

Not a US government website. Not even a US website.

It's a foreign website in Russian. Foreign websites giving advice on US immigration and visas are notorious for being wrong.

It doesn't matter if it's the Ukraine or another country. There is still no law limiting a visitor to 180 days in ONE CALENDAR YEAR.

You still haven't shown us the law.

This is getting ridiculous. Show us the law from a reputable US website or US government website.

Do you understand the term "rule of thumb?" Do you know the difference between a rule of thumb and a law/regulation?

Edited November 11, 2015 by aaron2020