Beaverton, OR asked in Immigration Law for Oregon

Q: Can visitors on B1/B2 stay in USA for a maximum of 1 year. If so, are there any relaxations due to COVID.

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2 Lawyer Answers
Kevin L Dixler
Kevin L Dixler
Answered
  • Immigration Law Lawyer
  • Chicago, IL

A: This can be viewed as visa abuse, where you can return. An abused B2 visa may result in review on renewal. Remaining in excess of six months may result in delay at a future primary inspection at an airport, even exclusion from the U.S.

A future admission may be denied based upon the presumption of immigrant intent each time an applicant applies for admission. A visa holder may be questioned, then required to overcome that presumption before admission. A visitor visa may also be revoked depending upon the situation.

If a previous stay suggests that a person may be using their visa in a way inconsistent to being simply a non-immigrant visitor, such as unlawfully working, then the B2 visitor applying may suffer visa cancellation or summary exclusion.

At this point, I strongly recommend an appointment, or teleconference with a competent and experienced immigration attorney before there are any other complications. You may want to determine what is best at this point. You may need to consider other options.

The above is general information, not legal advice, and does not create an attorney client relationship.

Agnes Jury
Agnes Jury
Answered
  • Immigration Law Lawyer
  • Traverse City, MI

A: How long a visitor is allowed to stay in the US is at the discretion of the Border Patrol Officer who admits that visitor into the Country. If the visitor's passport is stamped by the Officer then it will have an admit date and the date by which the visitor should leave. If the passport is not stamped, the visitor can check those dates online at https://i94.cbp.dhs.gov/I94/#/home. If a visitor wishes to stay longer than the date they were given at the border then they can file for an extension of their stay BUT if the extension is denied and the visitor had a 10 year visa then the visa is automatically cancelled and it will be harder for the visitor to get another one. So requests for extensions should not be done "lightly" and should be done AT LEAST with the assistance of an experienced immigration attorney. I hope this answers your question. BEST WISHES!

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