Visitor visa stay period

[meenoo]

HI,

I would like to know what is the stay period of visitor visa in USA. The date on I94 is generally known to be the last day to stay in USA. But there is also a rule that b2 candidate has to stay in USA for 180 days only. What if the immigration officer stamps a date on I94 before 180 days or more than 180 days(usually, 180 days is almost 6 months but considering some months with extra days makes it confusing). So, in short what is the difference between the date on i94 and rule 180 days?

Thanks

[pontevecchio]

The I94 date is controlling. They will not give you a stay more than 180 days.

[jairichi]

Date mentioned in I94.

[ashuneel]

date on I-94 counts.

[chakrakr]

Whatever is the date stamped on I-94.  Doesn't matter it is 6 months , < 6 months or > 6 months

[JoeF]

Whatever is the date stamped on I-94.  Doesn't matter it is 6 months , < 6 months or > 6 months

> 6 months is ok as long as it is < 1year.

8 CFR 214.2(b)(1):

"Any B-1 visitor for business or B-2 visitor for pleasure may be admitted for not more than one year"

[meenoo]

Thanks guys.

But recently my mother in law faced this issue and I am not sure what went wrong.

 

The last time she entered US on July 22nd 2014. Her I 94 was stamped with the date Jan 22nd 2015. She left USA on Jan 19th 2015.

But the next time she visited USA on Feb 23rd 2015, she was questioned why did she overstay in USA for 2days(182 days)?

 

I am totally confused, because she left 2 days before her I94 stamped date. Can someone please explain me this concept?

 

Thanks

[ashuneel]

If you have experience indicating an overstay of 2 days ( customs officer's interpretation)  and she was questioned by immigration why do you want to test the waters again. There is no need to stay for that long period if you claim to be "visitor".  Also if your mother returns in  ~1 month after departure she is lucky to be even admitted.

[meenoo]

I am not testing the waters. I am trying to understand the system. It should not matter if it is a long period stay or short period stay as long as her stay is within the time frame of I94 right? That is the only point I am trying to understand. Why does the 180 day period gets counted when I94 date is the deciding factor of stay?

[pontevecchio]

The Officer will issue the I94 for 6 months in most cases and this accounts for the 180 days. The fact is the databases would have flagged her visa and she would not have been able to come over if she had overstayed. She did not really know what the Officer was saying and you are extrapolating. She was possibly asked why she was returning so soon.

[JoeF]

Thanks guys.

But recently my mother in law faced this issue and I am not sure what went wrong.

 

The last time she entered US on July 22nd 2014. Her I 94 was stamped with the date Jan 22nd 2015. She left USA on Jan 19th 2015.

But the next time she visited USA on Feb 23rd 2015, she was questioned why did she overstay in USA for 2days(182 days)?

 

I am totally confused, because she left 2 days before her I94 stamped date. Can someone please explain me this concept?

 

Thanks

 

She stayed 6 months, then came back within a month. That looks very suspicious, as if she lives here, which isn't allowed for a visitor. That's an immediate red flag.

She should be abroad for at least a year before visiting again.

[luck2u]

@meenoo: Did you mother-in-law faced question by immigration officers that why is she coming in less than a month? How long did the immigration officer issued I-94 in her 2nd trip?