What if i stay in usa more than the 'intended length' in ds 160

[helloheyhey 9]

Hi, my parents are coming to usa on a b2 visa and they filled in ds160 that the 'intended length' is 1 month. Now ready to book the tickets they decided to stay around 5 months.

Is that an issue when they will encounter the immigration officer in the port of entry? Please kindly respond. Need to know asap. They got issued the visa for 3 years.

Ps. They dont speak the language and we are concerned how they are going to communicate with the immi officer.

Thanks in advance.

[Transborderwife 4,666]

The CBP won't likely know how long they intended to stay.

[Ben&Zian 4,398]

Long as they are legal to enter the US and do not over stay their allotted time allowed, they should be fine.

[KierenHby 899]

No issues, but CBP decides on length to visit allowed.

[helloheyhey 9]

No issues, but CBP decides on length to visit allowed.

Does this mean they if we book the tickets for 5 months they just dont care about the tickets and decide to allow them only 3 months for example or is it 6 months allowance for everybody? Thank you for your time.

[Roel 7,193]

They can even allow them to stay a week, if they feel like it.

[Umka36 781]

CBP typically gives 180 days for B2 visa holder, but it's still at their discretion to give less so no one can say what a CBP officer will do.

OP, just be aware that if your parents are granted a stay for the 5 months, they are probably going to have to wait a long time before revisiting again.

Edited November 22, 2016 by Umka36

[MA & SY 34]

CBP typically gives 180 days for B2 visa holder, but it's still at their discretion to give less so no one can say what a CBP officer will do.

OP, just be aware that if your parents are granted a stay for the 5 months, they are probably going to have to wait a long time before revisiting again.

well, depends on CBP. they always give whether 180 days or 90 days. however they can stay as much as the CBP and never OVERSTAY. so they can visit u next years. good luck

[KierenHby 899]

Does this mean they if we book the tickets for 5 months they just dont care about the tickets and decide to allow them only 3 months for example or is it 6 months allowance for everybody? Thank you for your time.

You have to remember B2 is intended for short, temporary visits. While a 180-day grant is likely at first, any subsequent visits could be curtailed at CBP's discretion. A good rule of thumb is to stay out of the US twice as long as in the US; so if they visit for 5 months, they should stay away a year.

Your parents are not the first set of applicants to promise to visit for "just a month or so" at interview, but have a sudden change of plans as soon as the visa is issued.

[templeton 120]

All they can do is tell the truth. If they intend to stay 5 months, that's what they should tell the CBP officer when they ask. The officer has discretion to allow them to stay up to 6 months. Make sure they have a copy of the return flight reservation.

[kzielu 1,149]

The CBP won't likely know how long they intended to stay.

They actually will - they have that info available as I read multiple first hand reports of people being nailed for exactly that - staying longer than they said they will. Doesn't mean they will be turned around but getting questions is certainly a possibility.

[Rc123rc 528]

Have them tell the truth when they go through POE. Whether POE grants 90 days, 120 days or 6 months, it is what it is and don't overstay. Keep in mind, the longer they stay the longer they need to wait before another visit. A lot of people seem to think it's OK to spend months in the US, go home and then 2 months later come back for another several months. The risk of denial goes up the next visit the longer the first visit.

[KierenHby 899]

There is a US Border Control youtube video where a traveler from the UK was sent to Secondary at POE. The CBP officer accessed the traveler's ESTA application which showed he had answered No to the 'have you ever been denied a visa' ESTA question, when he in fact had been previously denied a visa. Needless to say, he was denied entry, asked to apply for a visa, and put on a flight back to the UK.

Moral: CBP can get access to ds160\interview details if something arouses suspicion. Though unlikely in OP's parents case.