Q: Can visitors on B1/B2 stay in USA for a maximum of 1 year. If so, are there any relaxations due to COVID.
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.
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!
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.