Time required between two visits on B2, and staying on valid I-94 after visa expires.

[atlantabhopali]

Howdy Gurus,

My parents have a 5 yr B2 visa expiring in Oct 2008 and I have 2 questions about it:

1. They are planning to visit me in Dec 2007 - May 2008, and then again in Oct 2008 a few weeks before visa expires. Is this okay? Do they need to have a 6 month gap in between their last departure/next visit? Or do they only get 6 months per calendar year?

2. If they enter US on their second trip in Oct 2008, and get a 6 month I-94, they will depart after their visa has expired (but with valid I-94). Will this affect their chances of visa renewal? I had read a case somewhere where the consulate officers considered that as a violation and rejected renewal.

Please advise.

Regards,

- ab

 

[mangosingh]

Read last paragraph at http://www.immihelp.com/visas/visa-stamp-arrival-departure-record.html

 

[chennai_123]

Howdy Gurus,

My parents have a 5 yr B2 visa expiring in Oct 2008 and I have 2 questions about it:

1. They are planning to visit me in Dec 2007 - May 2008, and then again in Oct 2008 a few weeks before visa expires. Is this okay? Do they need to have a 6 month gap in between their last departure/next visit? Or do they only get 6 months per calendar year?

2. If they enter US on their second trip in Oct 2008, and get a 6 month I-94, they will depart after their visa has expired (but with valid I-94). Will this affect their chances of visa renewal? I had read a case somewhere where the consulate officers considered that as a violation and rejected renewal.

Please advise.

Regards,

- ab

In general a visitor needs to spend more time in their home country than the U.S. If a visitor spends 6 months in the U.S, it is recommended that they spend atleast a year in their home country before returning again.

The duration of stay is determined by the officer at the POE.

Consular officers will issue new visas based on how the applicants used their previous visas. If the visitor had too many trips that lasted 6 months in the 5 year period, that will raise the eyebrows of the VO.