Q: What determines the length of stay on B2 visa - the stamp on passport and I-94 or is it fixed to max of 6 months?
Hello, my mom is an Indian Citizen and came to US in Nov 2019 on B2 visa. She was supposed to go back in Mar 2020 but due to Corona all the flights were cancelled. So now she is here and will be staying at least till june. By June she would have passed 6 months/180 days of stay in US. On her passport and I-94, she is permitted for 1 year i.e. Nov 2020. Do I still need to apply for extension of stay or she good till the date on her I-94? Thanks!
A:
The FORM I-94 controls the period of time that the visitor can remain lawfully in the U.S.
Prior to the expiration of the B-2 status, your mother should proceed to file the FORM I-539 with USCIS to request an extension of the B-2 status.
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