How long parents can stay on a visitor visa in the USA? Once you become a U.S. citizen, you should bring your parents to the country for a visit. Inviting your parents to the US on a tourist visa is a fantastic way to enjoy quality time together. They can also visit the country’s diverse scenery and dive into its lively culture.
However, knowing how long your parents can stay in the United States on a tourist visa is crucial to ensure their visit follows U.S. immigration laws. This article will clarify this crucial factor and help make their visit stress-free.
How Long Parents Can Stay On A Visitor Visa In The USA?
When your parents come to the United States on a tourist visa, the Customs and Border Protection officer decides the duration of their stay when they arrive. This duration of stay is generally six months or 180 days.
If they want to stay longer than that, they need to fill out Form I-539, Application to Change/Extend Nonimmigrant Status, before their permitted stay ends.
Rules For Using A US Tourist Visa
The US Customs and Border Protection officer might sometimes give you less than six months to stay. But if they grant six months of stay, you can stick around the whole time, even if you initially said you’d stay less during your interview.
It’s not a good idea to stay past the date stamped in your passport. If you do, you might not be allowed to return to the US because of an unlawful presence offense.
Facts About Re-Entering The US With A Tourist Visa
The period after a nonimmigrant can return to the United States on a tourist visa depends on how long they have stayed here. If you were here for 90 days or less at first, you can return for up to 180 days in a year after leaving the US.
But if you stay longer, over 6 months but less than one year, you might have to wait 3 years before returning to the US on a tourist visa. If you stay illegally in the nation for more than one year, you may have to wait 10 years to return on a tourist visa.
However, if you get help from an experienced visa lawyer, they might be able to ask for special permission, called an immigration waiver. As a result, you can come back quickly.
How Can You Ensure Compliance With The Terms Of A Tourist Visa?
Your parents must follow the rules of their visitor visa, especially how long they can stay, as the United States Customs and Border Protection decides. Following these rules helps maintain their valid immigration status in the United States.
If your parents don’t follow these rules, they could face serious legal issues. This could impact their current visit and even make it hard for them to return to the US later on. When your parents come into the US on a B-2 tourist visa, they get a specific time to stay, usually up to 6 months.
This information is on their Form I-94. Going over this authorized time without permission can violate U.S. immigration laws. To avoid these problems, your parents must comply with the rules of their visitor visa.
That means leaving the US before their allowed time ends or applying for more time if they need it. Below are some tips to ensure compliance with the terms of a visitor visa.
Apply for Extensions Quickly: If your parents need to stay longer, it’s best to apply for an extension well before their current authorized stay ends, ideally 45 days in advance.
Check the I-94 Expiration Date: Monitor the I-94 record’s expiration date, as it’s the official record of your authorized stay.
Maintain Documentation: It’s essential to keep records of all the communications and applications you send to immigration authorities. It can be helpful if anyone ever asks about your parents’ legal status.
Contact an Immigration Lawyer: If you’re unsure about the immigration process or face problems, it’s wise to seek advice from an experienced immigration lawyer. They can offer guidance and assist you in understanding the complications of United States immigration law.
What Are The Consequences Of Overstaying In The US?
Staying longer than allowed on a tourist visa can lead to various problems. These include:
Visa Cancellation: If your parents stay even just one day longer than their visa allows, their stay could be canceled automatically. They would then have to apply for a visa from their native country if they want to return to the U.S.
Barred from Re-entering the US: If someone stays in the U.S. after their visa expires for over six months but less than a year, then leaves on their own, they might not be allowed to return to the US for three years.
If they overstay for a year or more and then leave, they could be banned from returning for 10 years. These bans are severe penalties that can impact future immigration and travel plans.
Deportation: In serious situations, if people overstay their visa duration and are discovered by immigration authorities, they could face removal (deportation) procedures. Being deported from the United States can have long-lasting impacts on their ability to return to the country.
Difficulty Getting Future Visas: If your parents overstay, it could make it harder for them to get another U.S. visa in the future. Consular officers might question their plans and whether they’ll follow visa rules because of past overstays.
Can Your Parents Stay Over 6 Months In The US?
If a tourist wants to stay over six months on a B-2 visa, they need to fill out Form I-539. This form is for changing or extending nonimmigrant status. However, getting an extension is usually only for special situations. Common reasons parents might request for a visitor visa extension include:
Family Occasions or Other Events: People often ask for extensions to attend family occasions such as weddings, graduations, or other significant events.
Medical Treatment: If your parents need medical treatment in the United States, they may apply for a tourist visa extension to ensure they get the care they need.
Travel Delays or Unexpected Circumstances: Travel delays or unexpected situations might require a visa extension to account for the additional days spent in the U.S.
Further Tourism: Parents could explore more locations or participate in extra tourist activities beyond the initial visa period.
When Should Your Parents Apply for A US Visitor Visa Extension?
If your parents are visiting the US on a B2 visa and you want them to stay longer than six months, it’s crucial to apply for a tourist visa extension in time.
Start by checking the date on your parent’s Form I-94 or passport admission stamp to see how long they can stay in the US on their B2 visa. This date is called the D/S (Duration of Stay) or admit-until date. You can find your parents’ most recent I-94 info by visiting this link and entering their name, date of birth, and passport number.
Your visa expiration date, usually lasting for 10 years, doesn’t decide how long you can stay in the United States. Don’t just assume your parents can hang around for six months without seeing the Form I-94 or the admit-until date on their passport.
Usually, your parents will be granted a six-month stay. However, it varies based on the decision of the officer who interviewed them at the US port of entry. They also have the authority to stamp for less than six months. After you know how long your parents are allowed to stay, here is when you need to apply for a tourist visa extension for them:
At Least 45 Days Before Visa Expiration: It’s a good idea to apply for a B2 visa extension for a minimum of 45 days before the expiration date to give USCIS enough time to process it.
Emergencies or Unexpected Situations: Sometimes, you might face a circumstance where you have to extend your stay because of an emergency issue or something unexpected. If this occurs, it’s essential to apply for an extension immediately and clearly explain the circumstances in your I-539 application.
Before Your Parents’ Current Visa Ends: Make sure to apply for a visa extension before your parents’ current B2 status expires. Late applications, meaning those submitted after your authorized length of stay, are usually rejected.
Unlawful Presence: If your parents stay in the United States after their B2 visa has expired without applying for an extension, they could accumulate unlawful presence. This can lead to severe consequences.
How Can Your Parents Apply For US Visitor Visa Extension?
You or your parents can request an extension for a visitor visa, but it can be tough to extend a B2 visa in the United States after 6 months. Besides, they don’t always approve visa extensions. However, you’re safe if you apply for the extension before your parents’ permitted stay expires.
To extend a visitor visa, your parents must have entered the US on a B2 visitor visa and stay in the country under that status. To extend their visitor visa, your parents need to submit Form I-539, which is the Application to Extend/Change Nonimmigrant Status. They also need to submit any necessary documents and the appropriate fee.
You can choose to hire an attorney or handle the process yourself. It’s pretty straightforward either way.
Conclusion
How long parents can stay on a visitor visa in the USA? The tourist or visitor visa is a temporary permit for non-residents wanting to enter the United States. If your parents get a visitor visa, they can legally stay in the US for up to 6 months at a stretch.
But if you think more time is needed for their visit, consider getting legal assistance to extend their visa or even help them become permanent residents. Legal matters can be tricky, so it is wise to have an experienced Visa lawyer handle them for you.
