I-94 question

O

OB1Visa

Registered Users (C)
Hello all,

Can someone please tell me how the I-94 works in regards to staying the 6-month limit and coming back (using a tourist visa (B1/B2) for both trips)?

For example, if the person arrived in the US on 01-Oct-08, and was given 6-months on the I-94. The person leaves on 17-Mar-09.

What day, month, and year could this person return to the US (all things being equal)?

Thanks
 
If you stayed in USA for 5 1/2 months, then, you should spend more than 6 months time in your home country to come back again to USA on a visitor visa B2.
 
Triple Citizen said:
A genuine visitor should never spend more than 6 months in the US in any rolling 12 month window.
Click to expand...

Triple Citizen and ramabalaji, thank you very much for your responses.

Triple Citizen - so based on your info, this person could return to the US on or after 03-Mar-2010?

Thanks again
 
This is not a question of could or should. The key is, the visitor should appear to be a visitor only. Frequency of visits, purpose of visits, duration of stay, etc are all variables that complete the picture.

OB1Visa said:
Triple Citizen - so based on your info, this person could return to the US on or after 03-Mar-2010?
Click to expand...
 
Triple Citizen said:
This is not a question of could or should. The key is, the visitor should appear to be a visitor only. Frequency of visits, purpose of visits, duration of stay, etc are all variables that complete the picture.
Click to expand...

Triple Citizen,

Thanks again - I completely understand and agree with all of your points above, but the main thing that I am trying to find out is just the whole timing issue. I know that the BP officer has complete discretion based on many variables as to admitting someone into the US, but just placing all of that "on-hold" for a few seconds.. I am just trying to find out about the timeline.

This is all hypothetical, so let's just says that the traveler’s responses to the BP officer's questions pertaining to frequency of visits, purpose of visits, duration of stay, etc., were all acceptable by the BP officer. Based on the same scenario that I mentioned previously (person arrived in the US on 01-Oct-08, and was given 6-months on the I-94. The person leaves on 17-Mar-09), could the traveler be denied admission because he/she was trying to return too early if the person tried to return on 03-Mar-2010.

I am just trying to see if that timeline coincides with what the law allows (or is there even a law that addresses this?)

Thanks again
 
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