By: Law Offices of Daniel Shanfield March 22, 2024

How Long Can Parents Stay on a Visitor Visa in the USA?

What is the Visitor Visa (B-2 Visa)?

The B-2 visitor visa is designed for individuals visiting the U.S. for leisure, tourism, or medical treatment. Upon arrival, U.S. Customs and Border Protection (CBP) officers at the port of entry determine the length of stay allowed for each visit, typically granted for up to six months. It’s essential to understand that the visa’s validity period — which can be up to 10 years — is not the same as the authorized stay duration per visit.

How Long Can Parents Stay on Visitor Visas in the US?

Parents can stay in the US on a visitor visa (B-2 visa) for the duration specified by the Customs and Border Protection (CBP) officer upon entry, typically up to six months. If they wish to extend their stay, they must apply for an extension using Form I-539, Application to Extend/Change Nonimmigrant Status, before their authorized stay expires.

Extension of Stay

If your parents wish to extend their visit beyond the period initially granted, they may apply for an extension of stay using Form I-539 (Application to Extend/Change Nonimmigrant Status) before their authorized stay expires. Approval of this extension is not guaranteed and depends on demonstrating that:

The extension is for a temporary period,
They have the finances to support themselves during the extended stay,
They have a valid reason for the extension, and
They intend to depart the U.S. at the end of their visit.

It’s important to apply well before the expiration date, as overstaying can have consequences for future U.S. entry and visa applications.

Compliance and Consequences

Compliance with the terms of a visitor visa, specifically regarding the duration of stay authorized by U.S. Customs and Border Protection (CBP), is paramount for maintaining the integrity of your parents’ immigration status in the United States. Failing to adhere to these regulations can lead to significant legal consequences, affecting their current visit and their ability to return to the U.S. in the future. Here’s a deeper look into the importance of compliance and the potential consequences of overstaying a visitor visa.

Compliance: A Key to Maintaining Legal Status

Upon entry to the United States on a B-2 visitor visa, your parents are given a specific period during which they can stay, typically up to six months. This period can be found on the Form I-94 (Arrival/Departure Record). Staying beyond this authorized period without obtaining an extension can lead to a violation of U.S. immigration laws.

Consequences of Overstaying

Overstaying a visitor visa can have several negative implications, including:

Inadmissibility: Individuals who overstay their visa for more than 180 days but less than one year and then leave the U.S. voluntarily may be barred from re-entering the United States for three years. Those who overstay for one year or longer and then leave are barred from returning for ten years. These bars to re-entry are significant penalties that can affect future travel and immigration plans.
Visa Cancellation: A visa overstayed by even one day can technically be automatically voided. Your parents would need to apply for a new visa from their home country if they wish to return to the U.S..
Difficulty Obtaining Future Visas: Overstaying can mark your parents against future visa applications, making it more challenging to obtain another U.S. visa. Consular officers may question their intentions and their adherence to visa conditions based on past overstays.
Deportation: In severe cases, individuals who overstay and are found by immigration authorities may be subject to removal (deportation) proceedings. Being deported from the U.S. can have long-lasting effects on one’s ability to return to the country.

Ensuring Compliance

To avoid these consequences, your parents need to comply with the terms of their visitor visa, including leaving the United States before their authorized period of stay expires or timely applying for an extension if a longer stay is necessary. Here are a few tips to ensure compliance:

Monitor the I-94 expiration date: Always be aware of the expiration date on the I-94 record, as this is the official record of the authorized period of stay.
Apply for Extensions Early: If an extension is needed, apply well before the current authorized stay expires, preferably at least 45 days in advance.
Maintain Documentation: Keeping records of all applications and communications with immigration authorities can be crucial if your parents’ legal status is ever questioned.
Consult with an Immigration Attorney: If there’s any doubt about the process or if complications arise, consulting with an experienced immigration attorney can provide guidance and help navigate the complexities of U.S. immigration law.

At The Law Offices of Daniel Shanfield Immigration Defense, PC, we are committed to helping families navigate the U.S. immigration system with confidence. Our team can assist in ensuring that your parents comply with all visa regulations and avoid the pitfalls of overstaying, maintaining their ability to enjoy the United States and return in the future.

How Long Does it Take To Get a B-1/B-2 Visa?

The processing time for a B-1/B-2 visa for business or tourism travel to the United States can vary widely based on several factors, including the volume of applications at the specific U.S. embassy or consulate, the country of application, and the applicant’s specific circumstances. On average, it can take from a few weeks to several months from the time of application to when an interview is scheduled and the visa is processed.

It’s important to apply well before your planned travel date, especially considering potential delays or the need for additional documentation. For the most current processing times, it’s best to check the website of the U.S. embassy or consulate where you will apply, as they provide the most accurate and up-to-date information.

How an Immigration Lawyer Can Help

Navigating the complexities of immigration law and the visa application process can be daunting for individuals and families alike. At The Law Offices of Daniel Shanfield Immigration Defense, PC in San Jose, CA, we understand the intricacies of U.S. immigration policies and how they apply to your unique situation. Here’s how our experienced immigration lawyers can assist you:

Expert Guidance Through the Visa Application Process

Our team provides comprehensive support throughout the visa application process, from determining the most appropriate visa type for your situation to preparing and submitting your application. We ensure that your application is complete and accurate and presents your case in the best possible light.

Avoiding Common Pitfalls

Mistakes in the visa application process can lead to delays, denials, and potential bans. Our immigration lawyers are adept at identifying and avoiding common pitfalls, ensuring a smoother process for you and your loved ones.

Handling Complex Cases

If your case involves complexities such as previous visa denials, issues of inadmissibility, or complications due to your immigration history, our attorneys have the expertise to navigate these challenges effectively. We work tirelessly to address and mitigate issues that may impact your application.

Representation During Legal Proceedings

Should your case require legal representation in immigration court, our attorneys are equipped to defend your rights vigorously. Whether it’s advocating for your case, filing appeals, or managing removal defense, we stand by your side every step of the way.

Personalized Legal Strategy

Immigration law is not one-size-fits-all. We provide personalized legal strategies tailored to your circumstances, goals, and needs. Our approach ensures that you receive the most relevant and effective legal advice.

Staying Informed of Law Changes

Immigration laws and policies can change rapidly. Our immigration lawyers stay abreast of the latest developments to provide up-to-date advice and adjust your legal strategy as needed, safeguarding your interests in a shifting legal landscape.

Reducing Stress and Saving Time

With our legal experts handling the complexities of your immigration case, you can focus on preparing for your future in the U.S. We aim to reduce the stress and uncertainty associated with the immigration process, saving you time and energy.

At The Law Offices of Daniel Shanfield Immigration Defense, PC, we are dedicated to helping individuals and families navigate the path to legal immigration. Our commitment to excellence, compassion, and personalized service makes us a trusted partner in achieving your immigration goals. Contact us today to see how we can assist you in making your American dream a reality.

Ready to Navigate Your Immigration Journey with Confidence?

Don’t let the complexities of the immigration process stand between you and your goals. At The Law Offices of Daniel Shanfield Immigration Defense, PC, we’re committed to providing the guidance and support you need to navigate the U.S. immigration system successfully.

Our team of experienced immigration lawyers in San Jose, CA, is ready to assist you with personalized advice and effective legal strategies tailored to your unique situation. Contact us today to schedule a consultation and take the first step toward securing your future in the United States. Your dream is our mission.