tourist visa usa long can you stay

• Immigration

Tourist Visa Duration: How Long Can I Stay in the U.S.?

If you are visiting the u.s. on a tourist visa, you can stay for a maximum of six months. however, the actual length of stay is determined by the u.s. customs and border protection officer at the port of entry. it's important to adhere to the authorized duration to avoid any immigration issues..

Quick Glance:

• Understanding the B-2 tourist visa : Stay in the U.S. for up to six months, determined by CBP officer.
• Extension of stay possible with proof of temporary visit, intention to leave, and financial means.
• Overstaying can lead to deportation or difficulty obtaining future U.S. visas; consult USCIS for emergencies. Have you ever dreamed of exploring the vast landscapes of the United States, delving into its rich culture, or perhaps visiting its iconic landmarks? Well, if a holiday or a short visit is on your mind, obtaining a tourist visa might be your first step to making that dream a reality. But once you have that visa in hand, an important question arises: How long can you actually stay in the U.S. with it?

Understanding Your Tourist Visa Duration

The tourist visa , technically known as the B-2 visa, is what non-U.S. citizens need for vacationing or for certain non-business activities in the U.S. While the excitement of getting the visa is quite understandable, it’s crucial to know the rules and limits to avoid any hiccups in your travel plans.

A standard piece of advice given to tourists is, “Your stay should align with the purpose of your visit.” But let’s make it more clear. Under a tourist visa, you can generally stay in the United States for up to six months. However, the exact length of stay is determined by the Customs and Border Protection (CBP) officer at your point of entry.

When you arrive, the CBP officer will record your arrival, and, crucially, the allowed duration of your stay on a form called the I-94. The I-94 form serves as evidence of your legal visitor status in the country. You should keep track of this date because overstaying can lead to some serious consequences.

Extension of Stay

So what happens if you find yourself wanting to bask in the U.S. sights for a bit longer? Good news! You can apply for an extension of stay. But remember, this extension is not guaranteed. You must show that:

• The extended visit is temporary
• You intend to leave at the end of the extended period
• You have the financial means to support your extended stay

Also of Interest:

Traveling with a passport after a name change: guidance and steps, i-140 renewal after job transfer: is it necessary.

For this process, use Form I-539, Application to Extend/Change Nonimmigrant Status before your authorized stay expires.

Overstaying Is a No-No

Now, let’s talk about overstaying your welcome. It’s a serious issue that can affect your ability to return to the United States in the future. If you stay beyond the period authorized by the CBP officer, you could be deported, or find it difficult to obtain a U.S. visa down the line.

But life is unpredictable, right? If there is an emergency or unexpected reason that requires you to overstay, reach out to the U.S. Citizenship and Immigration Services (USCIS) immediately for guidance.

Pro Tips for a Stress-Free Visit

Here are a few handy tips to keep your tourist experience smooth and enjoyable:

• Know your permitted stay: always check the departure date on your I-94 form.
• Plan for extensions: if you think you might want to extend your trip, apply well in advance of your I-94 expiration date.
• Maintain good records: keep all your travel, support, and immigration documents organized and handy.

For additional information or any assistance, you should consult the U.S. Department of State website or reach out to the nearest U.S. embassy or consulate.

Discovering the United States can be the adventure of a lifetime. Whether you’re awe-struck by the glittering lights of New York City, the majestic Grand Canyon, or the sunny beaches of California, understanding the conditions of your tourist visa can help ensure your visit is as carefree as possible. So, remember the guidelines, adhere to the rules, and most importantly, enjoy your travels across the U.S.

Don’t forget: The key to a perfect trip is good planning and following the rules – your passport to creating lasting memories. Safe travels!

There you have it, my fellow travel enthusiasts! Now you know the ins and outs of staying in the United States with a tourist visa. Just remember to check your I-94 departure date, plan for extensions in advance, and keep those immigration documents organized. And if you want even more handy tips and advice, head over to visaverge.com. Bon voyage, my friends!

FAQ’s to know:

FAQ 1: How long can I stay in the United States with a tourist visa (B-2 visa)?

Answer: With a tourist visa (B-2 visa), you can generally stay in the United States for up to six months. The exact length of stay is determined by the Customs and Border Protection (CBP) officer at your point of entry. They will record the allowed duration of your stay on the I-94 form, which serves as evidence of your legal visitor status. It’s crucial to keep track of this date to avoid overstaying and potential consequences.

FAQ 2: Can I extend my stay in the United States with a tourist visa?

Answer: Yes, it is possible to apply for an extension of stay if you want to stay in the United States a bit longer. However, this extension is not guaranteed and must meet certain criteria. You must show that the extended visit is temporary, that you intend to leave at the end of the extended period, and that you have the financial means to support your stay. To apply for an extension, you need to use Form I-539, Application to Extend/Change Nonimmigrant Status before your authorized stay expires.

FAQ 3: What are the consequences of overstaying a tourist visa in the United States?

Answer: Overstaying your welcome on a tourist visa in the United States is a serious issue with potential consequences for future visits. If you stay beyond the period authorized by the CBP officer, you could be deported and face difficulties obtaining a U.S. visa in the future. It’s essential to adhere to the authorized duration of your stay and reach out to the U.S. Citizenship and Immigration Services (USCIS) immediately in case of emergency or unexpected reasons that require you to overstay for guidance.

What did you learn? Answer below to know:

• How long can you stay in the United States with a tourist visa? a) Up to one year b) Up to six months c) Indefinitely d) As long as you want
• What form is used to record the allowed duration of your stay on a tourist visa? a) I-130 b) I-539 c) I-94 d) I-20
• What are the consequences of overstaying your authorized stay in the United States? a) Deportation b) Difficulty obtaining future U.S. visas c) Both a) and b) d) No consequence

Did you Know?

Did you know.

• Did you know that the United States has the highest number of immigrants in the world? As of 2021, there are approximately 44.9 million immigrants living in the U.S., accounting for about 13.7% of the total population.
• Did you know that the United States has a long history of immigration? Between 1820 and 2019, over 100 million immigrants arrived in the U.S. This massive influx of people from different parts of the world has shaped and diversified American society and culture.
• Did you know that the majority of international migrants move to high-income countries? According to the United Nations, around two-thirds of all international migrants reside in high-income countries, with the United States, Germany, and Saudi Arabia being popular destinations.
• Did you know that India has the highest number of emigrants? As of 2020, India tops the list of countries with the most emigrants, with over 18 million Indian-born individuals residing in other countries.
• Did you know that immigrants make significant contributions to the U.S. economy ? According to the National Academies of Sciences, Engineering, and Medicine, immigrants contribute more in taxes and social contributions than they receive in benefits, playing a vital role in sustaining economic growth and innovation.
• Did you know that many Fortune 500 companies were founded by immigrants or their children? Brands like Google, Apple, Amazon, and Tesla were established by immigrants or their descendants, showcasing the entrepreneurial spirit and economic impact of immigrants in the United States.
• Did you know that the United States has historically been a top destination for refugees? In the fiscal year 2020, the U.S. resettled over 11,800 refugees, providing a safe haven to individuals fleeing persecution and violence in their home countries.
• Did you know that seeking asylum is a legal right protected by international law? The United Nations Universal Declaration of Human Rights recognizes the right to seek asylum from persecution. People seeking asylum often undergo complex legal processes to establish their eligibility for protection.
• Did you know that the United States has a Diversity Visa Lottery program? Each year, the U.S. government randomly selects approximately 55,000 individuals from countries with low immigration rates to receive permanent residency in the U.S. This program aims to promote diversity and provide opportunities for individuals from underrepresented regions.
• Did you know that the chances of winning the Diversity Visa Lottery are slim? With millions of applicants each year, the odds of being selected are less than 1%. However, for the lucky winners, it can be a life-changing opportunity to start a new chapter in the United States.

There is so much more to learn about immigration and its impact on societies worldwide. These fascinating facts shed light on the diverse nature of immigration and its significance in shaping the countries we live in today. Let’s continue exploring the intricacies of immigration and celebrate the contributions and stories of individuals who have embarked on extraordinary journeys in search of a better future.

Learn Today: Key Terms Explained

Glossary or Definitions:

• B-2 Visa: Also known as the tourist visa, it is a non-immigrant visa that allows non-U.S. citizens to visit the United States for tourism or certain non-business activities.
• Customs and Border Protection (CBP): The agency within the Department of Homeland Security responsible for managing the security and control of the U.S. borders, including the inspection of travelers at ports of entry.

I-94 Form: A form issued by CBP to non-U.S. citizens upon arrival in the United States. It records the individual’s arrival and departure dates, as well as the authorized duration of their stay. It serves as evidence of their legal visitor status in the country.

Extension of Stay: The process by which individuals on certain non-immigrant visas, such as the B-2 visa, can apply to extend their authorized period of stay in the United States.

Form I-539: An application form used to request an extension of stay or a change in non-immigrant status. It is commonly used by individuals on B-2 visas to apply for an extension of stay.

Overstaying: The act of staying in the United States beyond the period authorized by the CBP officer. Overstaying can have serious consequences, including deportation and difficulties obtaining future U.S. visas.

U.S. Citizenship and Immigration Services (USCIS): The agency within the Department of Homeland Security responsible for administering immigration benefits and services, including processing of applications for extensions of stay and changes in non-immigrant status.

U.S. Department of State: The federal executive department responsible for implementing U.S. foreign policy and managing diplomatic relations with other countries. It provides information and guidance on U.S. visas and immigration-related matters.

U.S. Embassy or Consulate: A U.S. government facility located in foreign countries that represents the United States and provides various consular services, including visa processing and assistance to U.S. citizens abroad.

I-130 Form: A form used for family-based immigrant visa petitions. It is not directly related to the tourist visa and not applicable to temporary visits.

I-20 Form: A form used for student visa applications ( F-1 visa ). It is not directly related to the B-2 visa for tourist visits.

Acronyms: CBP (Customs and Border Protection), USCIS (U.S. Citizenship and Immigration Services)

Jargon: Non-immigrant visa, Legal visitor status, Non-immigrant status

Still Got Questions? Read Below to Know More

I came to the u.s on a tourist visa and found a short course that i’d like to take, which extends a bit beyond my allowed stay. is it possible to extend my b-2 visa for educational purposes, or do i need a different type of visa for that.

If you entered the U.S. on a B-2 tourist visa and found a short course you want to take, it is important to understand the limitations and requirements of your visa status. In general, the B-2 visa is intended for tourism, pleasure, or medical treatment, and enrolling in a course of study is not typically permissible if it’s a full-time program that leads to an academic or vocational degree. However, for a recreational or vocational short course that does not provide a degree or academic credit, you might be able to attend while on a B-2 visa as long as the course is less than 18 hours a week.

If the course you intend to take extends beyond your allowed stay, you would need to apply for an extension of your B-2 visa by filing Form I-539, “Application to Extend/Change Nonimmigrant Status,” with U.S. Citizenship and Immigration Services (USCIS). You need to apply before your authorized stay expires, and you should include in your application the reasons for your request and evidence of your financial support during the extended stay (such as bank statements or a letter of support from friends or relatives).

If the course does not fit the criteria for incidental study on a B-2 visa, or you’re looking to enroll in a longer program or one that grants academic credit, you might require a different type of visa, such as the F-1 student visa. In that case, you would need to apply to and be accepted by a U.S. Student and Exchange Visitor Program (SEVP)-certified school, receive a Form I-20, and then apply for a change in visa status. For more information on changing your nonimmigrant status and the specific requirements for student visas, you can visit the official USCIS website:

• Change My Nonimmigrant Status
• Study in the States

My aunt on a tourist visa wants to undergo a medical treatment in the U.S. that may take longer than six months. How can she ensure that she stays legally throughout her medical treatment

Your aunt can ensure she stays legally in the U.S. for her medical treatment by applying for a B-2 visa extension. The B-2 visa is designed for tourists, and medical treatment is an allowable purpose for visiting. Here’s a step-by-step process she can follow:

• Before her visa expires , she should file Form I-539, Application to Extend/Change Nonimmigrant Status, with USCIS . This form can be found on the official USCIS website: Form I-539 .
• A letter from a medical professional or institution detailing the nature of the treatment, expected duration, and why it’s necessary for her to remain in the U.S.
• Proof that she has the financial means to pay for the treatment and support herself during her stay.
• A statement explaining her intent to return to her home country after the treatment.

It’s important to apply for the extension well in advance because if her visa expires while her application is pending, she generally may stay in the U.S. for up to 240 days while awaiting a decision or until the date on her I-94 expires, whichever is shorter. However, it is advisable not to wait until the last minute.

“USCIS must receive the Form I-539 application before your authorized stay expires,” as stated on the USCIS website.

Remember that approval is not automatic, and the decision is at the discretion of USCIS. In case her situation changes or unexpected delays occur, keeping USCIS updated and maintaining valid legal status is crucial. If her application is denied, she must prepare to leave the United States immediately to avoid accruing unlawful presence.

For additional guidance, it’s often helpful to consult with an immigration attorney or a legal aid organization that can provide personalized advice based on her specific situation. This external resource from USCIS offers further information on extending your stay: Extend Your Stay .

I want to visit my grandchildren for their graduation and summer break, which is about 7 months total. Can I apply for a B-2 visa extension before I travel to cover the entire period, or must I wait until I’m in the U.S. to do so

If you plan to visit your grandchildren in the United States for their graduation and summer break, which totals around 7 months, you would typically enter the country on a B-2 tourist visa. A B-2 visa is generally granted for short-term stays for purposes such as tourism, visiting family, and receiving medical treatment.

Initially, when you apply for a B-2 visa, you cannot apply for an extension before your travel. Your authorized period of stay would be determined by the Customs and Border Protection (CBP) officer when you arrive at a U.S. port of entry. Most visitors are admitted for 6 months, although the CBP officer has the discretion to grant a shorter or longer period of stay up to 1 year.

If you find that the duration of your approved stay is not sufficient, you can request an extension of your B-2 status by filing Form I-539, Application To Extend/Change Nonimmigrant Status, before your authorized stay expires. You must submit this form to U.S. Citizenship and Immigration Services (USCIS) with all required documentation and the applicable fee. It’s important to file for the extension before your current authorization ends to avoid violating immigration laws. For more information on B-2 visa extensions, visit the official USCIS website: USCIS – Extend Your Stay .

• The decision to grant an extension is not guaranteed and is at the discretion of USCIS.
• You should have a valid reason for requesting an extension and provide evidence to support your request.
• Filing for an extension doesn’t allow you to stay beyond the expiration date of your original authorized stay until a decision is made. If your request is denied, you may be required to leave the United States immediately.

If my flight back home gets canceled due to sudden travel bans and my B-2 visa expires soon, what are my options to avoid overstaying in the U.S. legally

If you find yourself in a situation where your flight back home gets canceled due to sudden travel bans and your B-2 visa is about to expire, it is important to take timely action to avoid overstaying in the U.S. Here are your options:

“USCIS must receive your I-539 application before your current authorized stay expires. However, we recommend that you file as soon as you determine that you need to extend your stay.” – U.S. Citizenship and Immigration Services

Keep Evidence of Canceled Flights and Travel Restrictions : If you apply for an extension, it’s important to keep records of any canceled flights and official notices about travel bans affecting your return. This documentation can support your case for needing an extension.

Consider Other Legal Avenues : In extreme cases, if you cannot leave because of extraordinary circumstances beyond your control and if your visa is about to expire, consider looking into humanitarian or significant public benefit parole, although these options are rare and used in exceptional circumstances.

For the most up-to-date information and steps to take, visit the official U.S. Citizenship and Immigration Services (USCIS) website or contact their support directly: – For information on how to file the Form I-539, visit the USCIS page at Extend Your Stay . – For further advice or exceptional cases, consult the USCIS Contact Center at USCIS Contact Center .

Remember to act promptly and keep all your communications and filings with USCIS well-documented to protect your immigration status.

I am in the U.S. on a B-2 visa and have met someone I want to marry who is a U.S. citizen. Can I change my status to a fiance visa while I’m here, or do I need to return to my home country and apply from there

If you are currently in the U.S. on a B-2 visa and have decided to marry a U.S. citizen, it is generally not necessary for you to change to a fiancé(e) visa, formally known as a K-1 visa. Instead, you have the option to get married and directly apply for an adjustment of status to become a lawful permanent resident (i.e. get a Green Card).

Here are the basic steps you would need to follow:

• Get married to your U.S. citizen partner : You must have a legally valid marriage in the state where you got married.
• File Form I-485 : Your partner, as a U.S. citizen, can file a Form I-130 (Petition for Alien Relative) concurrently with your Form I-485 (Application to Register Permanent Residence or Adjust Status). You can find the forms and instructions on the USCIS website .
• Attend the interview and await approval : After filing your paperwork, you will need to go through a biometrics appointment and an interview with United States Citizenship and Immigration Services (USCIS). If approved, you’ll be granted a Green Card.

It’s important to comply with all USCIS guidelines and ensure that you did not misrepresent your intentions upon entering the U.S. with a B-2 visa, as this could affect your eligibility. The USCIS policy states:

“An individual who comes to the U.S. as a visitor and then decides to get married and remain in the U.S. will generally not be accused of visa fraud. However, if the U.S. government believes that the individual misrepresented their intentions, there could be serious consequences.”

Make sure you stay well-informed about the latest immigration procedures and policies by regularly checking the official USCIS website .

If you are unsure about your situation or require further assistance, it is advisable to consult with an immigration attorney who can provide guidance tailored to your specific circumstances.

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How frequently can I visit the United States as a visitor (B1/B2) and how long can I stay for each visit?

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• Travel Destinations
• United States

How Long Can You Stay In The US With A Tourist Visa?

Published: November 19, 2023

Modified: December 28, 2023

by Reta Ehlers

• Plan Your Trip

Introduction

Traveling to the United States is an exciting prospect for many people around the world. Whether you’re looking to explore the stunning landscapes, visit iconic landmarks, or experience the vibrant culture, the US offers a myriad of opportunities for tourists. However, before packing your bags, it’s essential to understand the details of the tourist visa and how long you can stay in the country.

Obtaining a tourist visa is necessary for those who plan to visit the United States for leisure, tourism, or medical treatment purposes. This non-immigrant visa allows individuals to enter the country temporarily for a specific duration. While the US offers different types of visas, such as student visas and work visas, a tourist visa is specifically designed for short-term visits.

In this article, we will provide an overview of tourist visas, explain the duration of stay allowed on a tourist visa, discuss the process of extending your stay, and highlight the important details regarding the Visa Waiver Program and the consequences of overstaying on a tourist visa.

Overview of Tourist Visas

Tourist visas, also known as B-2 visas, are issued to individuals who wish to visit the United States for tourism, pleasure, or medical treatment. These visas are temporary and allow foreigners to stay in the country for a specific period, typically up to six months.

To apply for a tourist visa, you will need to complete the necessary application forms, provide supporting documents, and attend an interview at the US embassy or consulate in your home country. The application process usually involves demonstrating the purpose of your visit, your intent to return to your home country after the visit, and your ability to financially support yourself during your stay.

When applying for a tourist visa, it’s important to note that you may be required to provide additional documentation, such as a detailed travel itinerary, proof of accommodation bookings, and evidence of medical insurance coverage. The exact requirements may vary depending on your country of residence, so it’s crucial to check the specific guidelines for your situation.

It’s important to keep in mind that a tourist visa does not grant you permission to work or study in the United States. Engaging in any type of employment or enrolling in academic programs without the appropriate visa is strictly prohibited and can have serious legal consequences.

Additionally, it’s worth noting that the requirements and processes for obtaining a tourist visa can change, so it’s essential to stay updated with the latest information from the US embassy or consulate in your home country.

Now that we have covered the basic overview of tourist visas, let’s delve into the duration of stay allowed on a tourist visa in the next section.

Duration of Stay Allowed on a Tourist Visa

When you enter the United States on a tourist visa, you will be issued an I-94 Arrival/Departure Record, which specifies the duration of your authorized stay. The maximum duration allowed on a tourist visa is generally six months (180 days). However, the actual length of stay granted can vary depending on the immigration officer’s discretion at the port of entry.

It’s important to note that the duration of stay granted on your tourist visa is not automatically six months. The officer at the port of entry will determine the appropriate length of stay based on your purpose of visit and other factors. It’s crucial to be prepared to answer questions regarding your travel plans, accommodations, and financial support during your stay.

If you are granted less than six months of authorized stay, it will be indicated on your I-94 record. It’s essential to pay attention to this date as overstaying your authorized period can have serious consequences, including future visa denials or difficulties entering the United States in the future.

It’s important to remember that the authorized stay granted on your tourist visa is not extendable. Once the specified duration expires, you must leave the United States and may not re-enter under the same visa.

However, if you find that you need to stay in the United States for a longer period than initially anticipated, there are some options available to extend your stay, which we will explore in the next section.

Extending Your Stay on a Tourist Visa

If you find yourself in a situation where you need to stay in the United States for a longer period than your authorized stay on a tourist visa, it may be possible to request an extension. However, it’s important to note that extending your stay on a tourist visa is not guaranteed, and the process can be complex.

To request an extension, you must submit an application to the U.S. Citizenship and Immigration Services (USCIS). It’s recommended to apply well in advance of the expiration date on your I-94 record to allow for processing time. The extension request should include a detailed explanation of the reasons for your request and supporting documentation to substantiate your claims.

Some common reasons for requesting an extension on a tourist visa include medical treatment, unforeseen circumstances, or exceptional situations. It’s crucial to provide compelling evidence and demonstrate that your extended stay is warranted and justified.

The USCIS will review your extension application and make a decision. If your extension request is approved, you will receive a new I-94 record with an updated authorized stay duration. If your request is denied, you will be required to depart the United States by the expiration date on your original I-94 record.

It’s important to consult with an immigration attorney or seek guidance from the USCIS directly to ensure you understand the requirements and have the best chance of success in extending your stay on a tourist visa.

Alternatively, if you require a longer stay in the United States for purposes other than tourism, such as employment or studies, it may be necessary to explore other visa options that are more suitable for your specific situation.

Now, let’s explore the Visa Waiver Program, which allows citizens of certain countries to visit the United States without a tourist visa.

Visa Waiver Program

The Visa Waiver Program (VWP) is a program designed to facilitate travel to the United States for citizens of certain countries. Under this program, travelers from eligible countries can visit the United States for tourism or business purposes for up to 90 days without obtaining a separate tourist visa.

Currently, there are 39 countries participating in the Visa Waiver Program, including popular destinations such as the United Kingdom, Australia, Germany, Japan, and France. To be eligible for the program, travelers must meet specific requirements, including possessing a valid electronic passport, obtaining authorization through the Electronic System for Travel Authorization (ESTA), and having no previous visa violations or criminal history.

It’s important to note that even though travelers from visa waiver countries can enter the United States without a visa, they still need to comply with the same rules and regulations as those on a traditional tourist visa. This includes adhering to the maximum 90-day stay limit and not engaging in unauthorized employment or activities that go beyond the scope of the program.

If you are planning to visit the United States under the Visa Waiver Program, it’s crucial to apply for authorization through the ESTA system before your trip. The ESTA application collects information about your travel plans, personal details, and eligibility for the program. It’s advisable to submit your ESTA application at least 72 hours before your departure to allow for processing time.

It’s important to note that the Visa Waiver Program is strictly for short-term visits, and if you intend to stay in the United States for an extended period or for purposes other than tourism or business, you will need to obtain the appropriate visa.

Now that we have explored the Visa Waiver Program, let’s discuss the consequences of overstaying on a tourist visa in the next section.

Consequences of Overstaying on a Tourist Visa

Overstaying on a tourist visa in the United States can have serious consequences and impact your ability to enter the country in the future. It’s crucial to adhere to the authorized duration of stay granted on your visa to avoid any legal complications.

If you overstay on your tourist visa, you could be subject to the following consequences:

• Ineligibility for future visas: Overstaying your authorized period may result in being deemed ineligible for future visas to the United States. This can considerably hinder your ability to visit the country in the future for any purpose, including tourism, business, or academic pursuits.
• Barred re-entry: Depending on the duration of your overstay, you may face a temporary or permanent bar on re-entering the United States. This means that you may be denied entry or face significant difficulties when applying for visas in the future.
• Deportation proceedings: Overstaying your authorized stay can put you at risk of deportation. If immigration authorities discover your unlawful presence in the country, they may initiate removal proceedings, which can lead to detention and ultimately being forcibly sent back to your home country.
• Negative impact on future immigration applications: Overstaying on a tourist visa can have a detrimental effect on any future immigration applications you may submit. It can raise concerns about your credibility, trustworthiness, and willingness to abide by immigration laws.
• Financial penalties: In addition to the immigration consequences, there may be financial penalties associated with overstaying on a tourist visa. These penalties can vary depending on the length of your overstay and can include fines or legal fees.

It’s important to be aware of the potential consequences and take steps to ensure compliance with the authorized duration of stay on your tourist visa. If you have any uncertainties or need to extend your stay, it’s advisable to consult with an immigration attorney or seek guidance from the relevant immigration authorities to understand your options and avoid any legal complications.

By understanding the rules and regulations surrounding tourist visas and respecting the authorized duration of stay, you can have a smooth and trouble-free experience during your visit to the United States.

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B-1/B-2 Visitor Visa, Explained

Understanding the b visas for u.s. business and tourism, in this guide.

• How long does it take to get a B-1/B-2 visa? 
• How many times can you visit the U.S. with a B-1/B-2 Visa? 
• B-1/B-2 Visa Cost
• Can you change status from B1/B2?
• Required documents for a travel visa
• Frequently Asked Questions
• Boundless guides
• B-1/B-2 Visas

What is a B-1/B-2 visa?

A B-1/B-2 visa is a non-immigrant , visa that allows foreign nationals to travel to the United States temporarily for business (B-1), tourism (B-2), or a mix of both (B1/B2). This visa category is widely used for brief visits to the U.S. B visas are typically valid for up to 10 years from the issue date, and travelers to the U.S. can stay up to 180 days, with the option to return to the U.S. again after that time.

Take our 5-minute quiz to check your eligibility.

Learn how to increase your chance of travel visa approval, and get unlimited, live application support from start to finish.

How long does it take to get a B-1/B-2 visa?

As of December 2023, the average wait time (processing time) for most B1/B2 visa interview appointments is between 2 months (Brazil) to 2+ years (Canada). To check the wait time for your specific embassy or consulate, enter your city in this  handy State Department tool  under the section “Appointment Wait Time.” Note that if you are applying for an interview in a country other than your home country, wait times may be longer.

How long can you stay in the USA on a B-1/B-2 Visa?

A maximum of 6 months may be obtained for any B-1/B-2 entry, with the possibility for extensions within the U.S. in qualifying cases. The exact duration varies per visa holder, but you can typically stay in the U.S. for up to six months. The B1/B2 visa is a multiple-entry visa, which means you can use it to enter the U.S. more than once. There’s no set limit to the number of times you can visit the U.S. in a year, and it depends on the specific circumstances and discretion of the CBP officers who review your case each time you enter.

It’s important to remember that the B1/B2 visa is intended for temporary, occasional visits for business, tourism, or medical treatment. It’s not meant to be used for living long-term in the U.S. or spending the majority of your time in the country.

What’s the difference between a B1 visa and a B2 visa?

The B1 is used for short business trips (conferences, meetings, contract negotiations, etc). Those with B1 visas cannot work in the U.S. in the traditional sense, as of March 2023, B1 or B2 visa holders can apply for jobs in the U.S. and attend interviews. 

The B2 (tourist visa) is for tourism, vacation, or visiting friends and family. It also covers certain medical treatments and participation in social events or contests, like music or sports, without receiving pay. In most cases, a B1/B2 visa is issued together, allowing the holder to travel for both business and pleasure. 

How many times can you visit the U.S. with a B-1/B-2 Visa?

Depending on the context, the number of times you can visit the U.S. with a B visa varies. B1B2 visas are multiple-entry, meaning they can be used to enter the U.S. more than once. There’s no set limit to the number of times you can visit the U.S. in a year, and it depends on the specific circumstances and discretion of the CBP officers who review your case each time you enter.

If officers think you’re trying to live in the U.S. through frequent or extended visits, or if you’re not maintaining significant ties to your home country, they may suspect you’re misusing the visa, which could lead to denial of entry or future visa issues.

While there’s no official limit, it’s vital to respect the purpose and restrictions of your visa to avoid any problems. If you need guidance on your specific situation, it’s a good idea to consult with an immigration expert.

Currently, the government filing fee for a B visa is $185, which does not include the cost of gathering documents and evidence and acquiring passport photos.

Boundless has helped more than 100,000 people navigate the visa application process, and we’ll help you make a travel visa plan based on your unique situation. Get started today!

B visa requirements

A B1/B2 visitor visa is for many types of trips to the U.S., including business and non-business activities like tourism. If you want to apply for a B1 or B2 visa, you need to prove that your trip to the U.S. is only for a short time.

You must also show proof that you plan to return to your home country after your visit, and that you have a place to live outside the U.S. that you will not leave for good. These points help show that you will follow the rules of the B1/B2 visa.

Reasons for travel under a B1 visitor visa include:

• Business consultations : This might include meetings, negotiations, or discussions with business associates in the U.S.
• Attending conferences or seminars : This can cover professional, educational, scientific, or business conventions.
• Settling an estate : If someone inherits property or assets in the U.S., a B1 visa can allow them to handle these matters legally.
• Contract negotiations : If a person needs to sign or negotiate a contract with a U.S. company, a B1 visa is often the correct choice.
• Professional examination and licensing : Some professionals must be in the U.S. to take exams or get licenses only available there.

Reasons for travel under a B2 tourist visa include:

• Tourism : This could be sightseeing, visiting famous landmarks, exploring cities, or simply enjoying the country’s culture and atmosphere.
• Visiting family or friends : Many people use a B2 visa to visit their loved ones living in the U.S.
• Medical treatment : If someone requires medical treatment or a procedure that’s available in the U.S., they might apply for a B2 visa.
• Social events : Attending events like concerts, cooking classes, conventions, festivals, or other social gatherings can be another reason for using a B2 visa.
• Participation in events or contests : If the event doesn’t involve professional participation (like amateur tournaments or contests), a B2 visa could be suitable.
• Short courses of study : If the course duration is less than 18 hours per week, this falls under B2 visa regulations.

You cannot travel under this visa to engage any of the following:

• Long-term employment by a U.S. firm
• Paid performances, or any professional performance before a paying audience
• Arrival as a crewmember on a ship or aircraft
• Work as foreign press, in radio, film, print journalism, or other information media
• Permanent residence in the United States

Boundless has helped more than 100,000 people with their immigration and U.S. travel plans. We’ll be your partner from beginning to end. Get started today!

Boundless tip

The Visa Waiver Program allows nationals from certain countries to travel to the United States without a visa for business, tourism, or while in transit for up to 90 days. The program currently covers 38 countries and territories, including most countries in the European Union.

Canadian nationals also typically do not need a visa to enter the US for tourism purposes. Canadian nationals will need the appropriate visa if they have specific plans to study, work, or move permanently to the U.S.

Different entry requirements also apply to Canadian nationals, depending on whether they plan to work, study, invest, or immigrate. The maximum length of stay can vary, depending on circumstances, between 6 months and 1 year.

The B1 visa and B2 visa do not grant  permanent resident status  — they are temporary visas – but you can adjust your status from a B1/B2 visa to another type of visa while you are in the U.S., as long as you meet certain requirements. This process involves submitting a change of status application to U.S. Citizenship and Immigration Services (USCIS).

Here are a few key points to consider:

Key points to consider if you want to change status from B1/B2

• Purpose of stay : Your reason for wanting to stay in the U.S. should match the new visa type. For example, if you wish to study, you may apply to change to a student visa (F-1). If you find an employer willing to sponsor you, you could apply to change to a work visa (like H-1B).
• Timing : You should apply before your current status expires, typically indicated on the I-94 Arrival/Departure Record. USCIS recommends applying at least 45 days before your current status expires.
• Eligibility : Not everyone can change their status. For example, you cannot change your status if you entered the U.S. under the Visa Waiver Program unless it is due to marriage to a U.S. citizen.
• Status violation : If you’ve violated the terms of your current status (for instance, if you’ve started working while on a B1/B2 visa without authorization), you usually can’t change your status.
• Approval : Even if you meet all conditions and file an application, the final decision is up to USCIS.

If you’ve just married someone who’s a U.S. citizen or a permanent resident (they have a green card), you can also apply for a marriage green card. This lets you stay in the U.S. and live with your spouse. You can either apply for a green card while you’re still in the country in a process is called “adjustment of status” (AOS), or you can apply from your home country through what’s called consular processing. To find out if you’re eligible for a B1B2 visa or to change your status from a B1B2 visa, take our eligibility quiz. Get started today!

Documents needed to apply for a B1/B2 visa include:

• A passport valid for six months past the date of return
• A recent digital photograph that meets government requirements
• Documentation of the past five previous trips to the United States, if applicable
• Proof of funds to cover the entire cost of the trip, including travel, accommodation, and living expenses
• Proof of binding ties to the applicant’s home country, such as a job, property, or family

B1/B2 visa application process

Applications are processed by the United States Embassy or consulate in your country.

You will need to attend an interview before your visa is approved. You can attend an interview at an embassy or consulate in a third country, but you will likely wait longer for a visa appointment.

Steps to getting a B Visa

• First, you must complete the Online Non-Immigrant Application, Form DS-160. File the form online and print the confirmation page as you will need it for your interview.
• Upload your digital photo
• Attend the visa interview

As part of the process, ink-free, digital fingerprint scans are taken, typically at the interview. After the interview, the consular officer may request additional documents or information to make a decision about your case.

Boundless’ Travel Visa Service makes applying a breeze with online filing, 1:1 interview coaching, interview scheduling, and support if your visa is denied. Take our approval odds quiz to check your eligibility.

B-1 visas are issued for short business trips, while B-2 visas are issued for tourism purposes, such as vacations or visiting family.

If you’re looking to temporarily visit the U.S. for either holiday or work purposes, for example, attending a conference, touring a place or visiting relatives, then you can apply for a B-1/B-2 visa. You may need to show proof that you have ties to your home country, and that you plan on leaving the U.S..

When you enter the U.S., a customs officer will give you authorization to stay in the the country for up to six months . If you’d like to stay for longer, you may be able to apply to extend this for up to one year.

If you are nearing the end of your permitted stay in the U.S., then you may wish to extend it, especially since there can be future consequences if you stay in the U.S. longer than you were allowed to.

If you’re on a B-1 visa or a B-2 visa, you can request to extend your stay up to one year. To do this, you will need to file Form I-539 to extend or change your status. It’s recommended that you apply to extend your status at least 45 days before your authorized stay expires, so make sure you’re thinking ahead.

No. While you can enter the U.S. for business purposes, you cannot work or be employed by a U.S. employer. If you’re interested in working in the U.S. for a U.S. employer, you may be interested in other visa categories, such as the H-1B visa .

How can I renew my B1 visa or B2 visa?

If you would like to renew your B-1/B-2 visa, then you will need to go through the original process. Depending on the U.S. embassy or consulate where you apply, you may be able to complete your visa renewal without the need for an interview.

Should I apply for a B-1/B-2 visa or an ESTA?

If you are a citizen of one of the 38 countries that are part of the Visa Waiver Program , then you have the option of applying for an ESTA instead of a B1 visa or B2 visa.

Both allow you to enter the U.S. for the same reasons of tourism or business, but you can apply for the ESTA online. Entering the U.S. this way only permits you to stay for up to 90 days, however, so if you would like to stay in the U.S. for travel or business purposes for longer, the B-1/B-2 visitor visa may be an option for you.

Do Canadian citizens need a B-1/B-2 visa?

For casual business or tourism travel, most Canadian citizens don’t need a visa and will automatically be admitted on a B-1 visa or B-2 visa category.

Is the B-1/B-2 visa an immigrant or non-immigrant visa?

The B-1/B-2 visa is a non-immigrant visa, but if your circumstances change, for example, you marry a U.S. citizen or permanent resident, there are several paths from a visitor visa to a green card . Learn more to see how Boundless can help you avoid major headaches and make the process easier.

Do I need a certain amount of money in my bank account to be approved for a travel visa?

No. A common misconception about the travel visa process is that in order be approved, you must provide proof of a certain amount of funds in your bank account. Although financial considerations are one aspect of the B-1/B-2 process, and the consular officer may check to see if you are able to support yourself financially during your time in the U.S., there is no minimum required amount of funds that needs to be met. Evaluation of finances will vary from applicant to applicant, depending on a variety of other factors. Learn more common myths about the travel visa process in Boundless’ blog post .

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How long can we stay in USA with tourist visa

• Post author: Curbelo Law
• Post published: April 24, 2024
• Post category: Immigration

If you are wondering: How long can we stay in USA with tourist visa? You should know that overstaying your allowed time could bring you serious immigration consequences.

This is because the  B-2 tourist visa  is a temporary visa. Therefore, you will be able to stay in the country for a few months. However, staying to live with this visa carries the risk of being deported and facing other possible penalties. 

If you want to evaluate your chances of living in the U. S, don’t risk staying illegally. Call us, at Curbelo Law you will find the legal advice you need. 

Table of Contents

So, How Long Can We Really Stay In The USA With A Tourist Visa In 2024?

If you decide to stay in the United States on a tourist visa, you could face serious consequences. Authorities could deport you and even bar you from returning for several years. 

All of this is because the B-2 visa does not allow lawful permanent residence or working in the United States.

As if that were not enough, you could be detained until your trial in Immigration Court or until the day of your deportation. This applies to both those with a B-2 visa and those who entered with ESTA permission and exceeded the 90-day period.

How Can I Stay Legally In The USA If I Entered With A Tourist Visa?

As we mentioned, the tourist visa is temporary, so you will not be able to stay in the country. However, let’s say you entered with the intention of visiting the country, but during your stay, you fell in love or a job caught your eye.

If so, the first thing you will need to do is verify your  Green Card  eligibility through  adjustment of status . To do this, you will have to qualify for one of the following categories:

• U. S. family-based immigration petition .
• Work reasons.
• Having been a victim of abuse or  human trafficking .
• Some special category, such as religious workers ( R visa ) or  special immigrant juvenile status .

In general, if you fit into any of these classifications, you may be able to apply for lawful permanent residence.

What Is The Process To Obtain Residency If I Stayed On A Tourist Visa In The USA?

If you comply with the above, USCIS will be responsible for processing requests to change status from nonimmigrant to immigrant.

Therefore, to start your residency application, you must present the following documents:

• Form I-485.
• Form I-130 or I-140, depending on whether it is a family or employment petition.
• Application I-730, if you will apply for refuge or asylum. 

The requirements to obtain the Green Card vary depending on the reason for the application. On the other hand, those who enter the U. S. through the visa waiver program generally cannot adjust their status. 

Seek advice from our  New Jersey immigration law firm to ensure you submit all required documents and meet the deadlines set by immigration law.

How Long Does It Take To Adjust Status If I Stayed On A Tourist Visa In The United States?

If you changed your tourist status to another valid immigration status to apply for lawful permanent residence, the time to complete the adjustment of status will vary. 

It usually takes at least a year from the time the application is submitted. However, the length of the process depends on several factors, such as whether you have accumulated an unlawful presence in the country. 

Additionally, applications filed by American citizens are typically processed faster than those filed by lawful permanent residents.

It is essential to submit the application within the period of authorized stay in the country. Likewise, while you wait for the resolution, you will not be allowed to work. In some cases, it may be wise to return to your home country and apply for  consular processing .

Can I Really Change My Tourist Status In The United States?

It is possible to adjust your status from a  B-1  or B-2 visa to another type of visa while you are in the U. S. However, you must meet certain requirements. 

This process involves submitting a change of status request to USCIS. That being said, here are some key points to consider:

• Purpose of stay:  You must demonstrate that your reason for staying in the United States matches the new type of visa you are applying for. For example, if you want to study, you can request a change to a  student visa (F-1) .
• Timing:  You must apply before your current status expires, usually indicated on the I-94 arrival/departure record. USCIS recommends applying at least 45 days before your current status expires.
• Eligibility:  Not everyone can change their status. For example, you typically cannot change your status if you entered the United States under ESTA.
• Violation of status:  If you have violated the terms of your current status, such as working without authorization, you will not be able to change your status.
• Approval:  Even if you meet all the conditions and apply, the final decision is up to USCIS.

What If I Married An American?

If you have recently married a U. S. citizen or lawful permanent resident, you may be able to apply for a Green Card by marriage. 

This allows you to remain in the United States and live with your spouse. It should be noted that you must first complete marriage-based Green Card interview questions .

For more information on the subject, consult with our lawyers. They will explain everything you need to know about the  K-1 fiancé(e) visa .

Reasons To Use The Tourist Visa In The USA

Some applications for the B-2 tourist visa in the USA include:

• Visit with friends or family.
• Medical treatment.
• Participation in social events organized by fraternal, social or service organizations.
• Participation in musical, sporting or other similar events or contests, without financial compensation.
• Enrollment in short recreational courses of study, not intended to obtain credit toward an academic degree. For example, cooking classes during the holidays.

What Not To Do With The Tourist Visa In The USA

You cannot do the following with a tourist visa in the United States:

• Secure long-term employment with an American company.
• Perform paid performances or any professional activity before a paying audience.
• Arriving as a crew member of a ship or plane
• Work as a foreign press, in radio, cinema, print journalism or other media.
• Obtain lawful permanent residence.
• Traveling for the purpose of giving birth in the United States in order to obtain U. S. citizenship for the child.

Canadian citizens generally do not require a visa to enter the United States for tourism purposes. However, they will need a suitable visa if they have specific plans, such as studying, working or moving to this country. Contact our TN visa lawyer for further information.

It is possible that aliens may be detained by immigration, especially if they commit an act that involves crimmigration . Paying an immigration bond  could grant the offender freedom to later face removal proceedings from the country.

Why Can’t I Work With A Tourist Visa?

The tourist visa is intended for tourism purposes only, so you cannot work or be employed by a U. S. employer. 

Therefore, if you are interested in working in the U. S, you should explore other  categories of American visas . For example, the  H-1B visa .

How Can I Find Out The Application Status Of My Tourist Visa?

Once your visa application is in process, you can check the status of the process  online  or by phone. To do this, you must use the application receipt number. 

To reschedule your interview appointment, we recommend that you review how to do so on the  portal of the embassy or consulate  where the appointment is scheduled. 

There, select the corresponding embassy or consulate from the list provided by the Department of State and follow the detailed instructions.

Steps To Know The Status Of A Tourist Visa

Tourist visa applications are handled by the United States Department of State. 

Therefore, if you have applied for a B-1 or B-2 visa, we recommend using the online visa status checker by following these steps:

• Select the “NON IMMIGRANT VISA (NIV)” option.
• Select your location.
• Enter your case number or ID.
• Enter your passport number.
• Write the first 5 letters of your last name.
• Fill in the characters that appear in the image.
• Click the “Submit” button.

The Department of State does not guarantee the processing time of this application. Therefore, we advise you to be patient.

So, for how Long Can I Stay In The United States With A Tourist Visa?

Foreigners with a tourist visa in the United States have a maximum stay of 180 days or 6 months. Of course, immigration can establish a shorter time. 

If 6 months are granted, the stay can be enjoyed even if the consular interview indicates less time. It is important to respect the date indicated on the passport stamp and obtain Form I-94 for extended stays or land travel.

Can I Stay More Than 6 Months In The USA With A Visitor Visa?

A tourist can stay in the United States for more than 6 months with a B-2 visa, but it is necessary to complete a form to request an extension of stay.

What Happens If I Stay In The USA For 5 Months?

If you overstay your visa in the United States, you could face severe consequences, including deportation and a bar on re-entry. The most advisable thing is to comply with the time allowed.

What To Do If I Have Already Exceeded The Length Of Stay?

If you have already exceeded your stay time, we recommend you follow the following steps:

• Contact our immigration attorneys immediately.
• Determine eligibility for an extension period on your visa.
• Comply with all immigration laws.
• Be patient.

How Can I Request An Extension Of Stay Of My Tourist Visa In The United States?

You can request an extension of your stay while you are in the U. S. However, it must be before your authorized stay on your I-94 permit expires. 

It should be noted that not all individuals with a tourist visa qualify to apply for an extension of stay. Either way, you can  check with USCIS  or our attorneys to find out whether or not you can extend it. 

If you qualify for the extension, you can request it online or by mail using Form I-539, as long as you pay your fee.

Who Qualifies For An Extension Of Stay With A Tourist Visa?

National foreigners can request an extension of their stay in the United States if:

• They were legally admitted to the U. S. on a nonimmigrant visa.
• Your visa is currently valid.
• They are still eligible for their visa category.
• They have not committed any crime.
• They have not violated the conditions of their admission.
• Their passport is valid and will remain valid during your extended stay.
• They have a valid and legitimate reason to extend their stay.
• They have definite plans to leave at the end of the proposed visa extension period.
• They have provided valid evidence of financial support.

Considerations On The Use Of The Tourist Visa In The United States

If you decide to visit the United States with a tourist visa, you must comply with certain obligations. For example, having this permit does not exempt you from a limit on your stay in the country.

The length of your stay is determined by a Customs and Border Protection (CBP) immigration agent or inspector, regardless of the validity of your visa. 

Additionally, although you can obtain a tourist visa for up to 10 years to visit the U. S, the maximum stay allowed is 180 days or 6 months.

What Are The Consequences Of Exceeding The Time Limit Allowed In The United States?

If for any reason you remain in the country beyond the stipulated date, you could face serious consequences. These range from deportation to the definitive cancellation of your visa. Some of the sanctions include:

• If you exceed one day or more, you could be considered under “unlawful presence,” which could limit your future procedures in the United States.
• If it exceeds 180 days, you may be bared from entering the country for 3 years.
• If it exceeds one year, the entry bar is extended to 10 years.

Additionally, your visa will be revoked, which will have a significant impact on any future applications to obtain it again.

In these cases, requesting a  waiver of inadmissibility could allow you to re-enter the country without having to wait years to do so.

How Many Times Can I Visit The United States In The Same Year?

There is no set rule that specifies the period of time one must remain outside the United States. 

Since each individual faces unique circumstances, there is no exact answer. However, certain aspects can help avoid inconveniences, these are:

• Respect the purpose of the tourist visa, as it is for vacation purposes.
• Maintain ties with your country of origin. For example, economic, work, family and so on.

Additionally, the decision whether or not to allow you to enter the country falls at the discretion of the immigration officer. If it is determined that you are inadmissible to enter the United States, you will be returned to your home country.

What Could Be The Consequences If The Officer Suspects That you Will Stay On The Tourist Visa In The United States?

The immigration officers have the power to decide whether to allow entry into the country. Furthermore, they could opt for immediate expulsion or voluntary departure.

In some scenarios, a second inspection may be required. Additionally, when applying to renew a tourist visa, the consulate or embassy may deny your application.

What Can Our Immigration Lawyers Do For You?

This blog seeks to be informative and useful regarding the query: “How long can we stay in USA with tourist visa.” Now, to give you accurate answers it is important to know your case in detail. 

All legal matters can be stressful, complicated and difficult, especially if you want to do it on your own. At the law firm of Curbelo Law, attorneys  Carolina T. Curbelo  and  Sharon Lieberman  can help you address your legal needs.

Call us today, send us an E-mail and schedule an appointment with the office in Ridgewood, New Jersey.

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What are the different types of U. S. visas

• Adjustment of Status
• E-2      Treaty Investors
• E-3      Australian Speciality Workers
• Green Cards
• H-1B    Specialty Workers
• H-1B1  Chileans and Singaporeans
• H-3     Trainees
• International Entrepreneur Parole
• K-1       Fiance or Fiancee
• L-1       Intra-company Transfers
• Marriage to a U.S. Citizen
• O-1      Extraordinary Ability
• P-1       Athletes or Entertainers
• P-3      Artists or Entertainers
• TN (Canada)     NAFTA Professional
• TN (Mexico)     NAFTA Professional

I-94 Or Visa:

How long can i stay, introduction.

“I just entered the US. I have a US visitor visa (B1/B2 visa) in my passport that is valid for 10 years. At the port of entry the immigration officer issued me an I-94 saying I was admitted for 6 months. How long can I stay in the US: 6 months or 10 years?”

Lack of knowledge or misunderstanding about the role of a “visa” and the “I-94” has been a major factor for many foreign nationals falling out of status in the United States. What is the difference between visa and I-94? Which one determines how long can you stay in the US – the I-94 card or visa?

US Visa Vs. Form I-94: An Overview

A US visa is a permit to seek entry into the US. The I-94 card gives you permission to enter and remain in the US. A visa allows you to appear at the US port of entry and seek entry into the country . The I-94 form is your actual admission ticket, telling you how long can you stay in the US during that visit, and what you can do while you are here.

Many foreign nationals are unaware that their authorized stay in the US is controlled by the I-94 record and not by their US visa. It is the I-94 record that says how long can you stay in the US , and in what status you were admitted. Incorrect interpretations of the dates on the I-94 record or visa could cause problems.

My Case Scenario Jae Yong

Jae Yong, a Korean Citizen who is a reporter for the Korean Times Newspaper, is being transferred to the US as a foreign correspondent for the paper. He will be stationed in Washington, DC and will be reporting on US politics. He is granted the I visa for journalists and media representatives. The visa is valid for 5 years. When he enters the US his I-94 is marked D/S for “duration of status.” This means that as long as Jae is working as a foreign correspondent for the Korea Times Newspaper he can stay in the US. There is no end date by which he is required to leave the US regardless of what the expiration of the visa is. Since his I visa is valid for 5 years, he is allowed to use the visa for 5 years to travel in and out of the US.

Let’s look at another example which highlights the difference between a US visa and the I-94 card:

A Citizen of China who wishes to enter the US as an H-1B professional cannot get an H-1B visa that is valid for more than 12 months. If a Chinese Citizen has an H-1B approval notice that is valid for 3 years, he or she can be admitted for the length of the approved petition, regardless of the expiration listed on the visa. This means that the individual must travel to the US within 12 months of being issued the visa. After entering the US he or she will be able to stay till the end date on the approval notice. He or she would only need to depart the US on or before the date specified in his or her I-94 form.

Now that we have a general overview of the Form I-94 and the visa let’s look at the specifics and the differences between visa and I-94.

1. What Is Form I-94?

The Form I-94, also known as the Arrival/Departure Record, serves as evidence that a nonimmigrant has entered the country legally. It indicates how long the nonimmigrant may stay in the US during that visit. It is the I-94 expiration date – and not the expiration date of the US visa – that controls how long a nonimmigrant may legally remain in the US.

REMEMBER Generally, a new I-94 record with a new date is issued each time a nonimmigrant legally enters the US.

2. I-94 – How Do You Get One?

When you enter the US as a nonimmigrant, a US Customs and Border Protection (CBP) officer will examine your passport, visa, and may question you about the reason for your visit. If the CBP officer is satisfied that you qualify for the nonimmigrant classification you are seeking, and that you will abide by the US immigration rules, he or she will admit you into the US. The CBP officer will stamp your passport with the admission date, the class of admission, and the date that you are admitted until.

The procedure for securing the I-94 card will vary depending on whether you are arriving at an air, sea or land border port of entry.

3. Form I-94: What Does It Look Like

In order to qualify for an H1B, foreign nationals who have education from outside the U.S. must demonstrate that their education is ‘equivalent’ to a 4-year U.S. bachelor’s degree.

4. Form I-94 – What Is Its Purpose?

The Form I-94 serves as the arrival/departure record for foreign nationals admitted to the US as nonimmigrants. This document is created by US Immigration when the foreign national is inspected upon arrival at a US port of entry. The I-94 form indicates the date of arrival, status granted (i.e., F, J, H, L, etc.), and length of authorized stay. The I-94 is an official record of admission and permission to remain in the US.

IMPORTANT If a foreign national either needs to remain in the US for longer than the time granted, or decides to change the status and remain in the US beyond the I-94 expiration date, he or she must file an application for an extension of stay or a change of status with US Citizenship and Immigration Services (USCIS).

5. What Is A Visa?

A visa is a stamp placed into the foreign national’s passport. It is issued by a US Embassy or Consulate, usually in the foreign national’s home country or country of residence. A US visa allows the foreign national to seek entry to the United States in a certain visa status within the time period (validity period) specified on the visa. A visa may allow one, two, or multiple entries before the expiration date of the visa.

6. Differences Between The Visa And The I-94

It is extremely important that you clearly understand the difference between a visa and the I-94. The major differences between visa and I-94 are as follows:

a. The I-94 record indicates how long a foreign national can stay in the US for that particular trip. Your stay in the US is not determined by the expiration date of your visa.

b. The visa is a permit allowing you to seek entry into the US. The I-94 card is a record of your entry showing that you have been inspected and admitted and indicating the expiration of your stay.

c. The I-94 record is created by a CBP Officer when a foreign national is inspected upon his arrival in the US, whereas a visa is issued by the US State Department and is obtained at a US Consulate outside the United States.

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7. Applying For Extension of Stay When I-94 Is Expiring

If you want to stay longer than the date authorized by your I-94 card, you must apply for an extension of stay with the USCIS.

It is generally advisable to file for the extension request at least 30 days before the I-94 expiration date.

The decision to grant or deny a request for extension of stay is made solely in the discretion of the USCIS (you have no right to stay beyond the date on your I-94 card). In some cases, you may not be eligible to apply for an extension.

If the USCIS approves such an application, they will issue an approval notice, the bottom portion of which is a new I-94 form for the foreign national, reflecting the extended period of authorized stay.

IMPORTANT Foreign nationals who enter the US under the visa waiver program (VWP) are not entitled to change their status or extend their duration of stay in the US. They must depart within the 90-day period allowed for the visa waiver visitors. Moreover they may not simply travel to a contiguous country in order to exit and reenter for a “new” 90-day period. Proof that you are willing to obey US immigration laws and follow the dates on I-94 or visa appropriately (i.e., applying for an extension rather than just staying past your I-94 expiration date) will be important if you want to travel to the United States in the future.

8. Incorrect Information In Form I-94?

If you discover after entry that the I-94 was issued with an error, you should go, if possible to the port of entry where you entered, and if not possible, to the nearest CBP Deferred Inspection Office with proof of entry or admission and the I-94 record, and request a corrected I-94.

If the incorrect I-94 Arrival Departure Record was issued by USCIS you must contact USCIS.

IMPORTANT If the Immigration Officer at the local office is not convinced that the I-94 record was issued in error, he or she may advise you to file a Form I-102, Application for Replacement/Initial Nonimmigrant Arrival/ Departure Document. This is why it is so important to take the time to check your I-94 information for accuracy as soon as it is available. A quick check can save you several hours of frustration later in your trip.

Applying for a US visa is the first step in your journey to the US. Once you receive a US visa, you can travel to the United States and seek admission. However, the visa does not guarantee that you will be allowed to enter the United States. The CBP Officer at the US port of entry has the authority to grant or deny you admission into the US. The CBP Officer determines how long can you stay in the US. Incorrect interpretations of the dates on I-94 Arrival Departure Record or visa could cause serious problems.

If you have any questions about the I-94 Form, or how to extend your stay, or have already overstayed, contact VisaPro Law Firm today for a  FREE Immigration Lawyer Consultation . We’ll analyze your scenario and recommend an effective strategy based on our attorneys’ near 100% success rate.

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F, J and M visa holders who drop out of their programs may have 60, 30 and 30 days respectively to leave the U.S. (Note: An F-1 student who fails to maintain a full course of study without the approval of the Designated School Official (DSO) or otherwise fails to maintain status is not eligible for an additional period for departure and must leave immediately.)  An alternative is to apply for re-instatement, instructions and conditions for doing this may be found on the I-539 application. Your international student advisor can also explain your options and we advise you to talk to them about your situation.  For more information regarding the Student and Exchange Visitor Information System see,  SEVIS .  Effective,  January 24, 2020, the Department of State (DOS) amended the B nonimmigrant visa regulation for birth tourism . U.S. consular officers overseas will deny any B visa application from an applicant whom they believe is traveling for the primary purpose of giving birth in the United States to obtain U.S. citizenship for their child. For additional information, please visit the DOS website  

To learn more about some of the common types of visas, please visit the USCIS website at https://www.uscis.gov/

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Extend Your Stay

A request for an extension of stay (EOS) is generally filed on a Petition for a Nonimmigrant Worker ( Form I-129 ) or Application to Extend/Change Nonimmigrant Status ( Form I-539 ), depending upon the nonimmigrant classification the petitioner or applicant seeks to extend. The instructions for  Form I-539  and  Form I-129  provide detailed information regarding who may file each form. Supplemental Information for Application to Extend/Change Nonimmigrant Status ( Form I-539A ) or Petition for a CNMI-Only Nonimmigrant Transitional Worker ( Form I-129CW ) may also be filed, where applicable. If you remain in the United States longer than authorized, you may be barred from returning and/or you may be removed (deported) from the United States. Check the date in the lower right-hand corner of your  Form I-94, Arrival-Departure Record , to determine the date your authorized stay expires. We recommend that you apply to extend your stay at least 45 days before your authorized stay expires.

You may apply to extend your stay if:

• You were lawfully admitted into the United States with a nonimmigrant visa;
• Your nonimmigrant visa status remains valid;
• You have not committed any crimes that make you ineligible for a visa;
• You have not violated the conditions of your admission; and
• Your passport is valid and will remain valid for the duration of your stay.

You may not apply to extend your stay if you were admitted to the United States in the following categories:

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• Crew member (D nonimmigrant visa);
• In transit through the United States (C nonimmigrant visa);
• In transit through the United States without a visa (TWOV);
• Fiancé(e) of a U.S. citizen or dependent of a fiancé(e) (K nonimmigrant visa); or
• Informant (and accompanying family) on terrorism or organized crime (S nonimmigrant visa).

For information on how to apply, see the  How Do I: Guides for Nonimmigrants .

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Want to work remotely in Italy? The country just launched its new digital nomad visa.

Remote workers with dreams of working from the rolling hills of Tuscany or the cliffs of Positano are now one step closer to making that reality. Italy launched a new digital nomad visa.

Two years after its announcement, the highly anticipated digital nomad visa officially became available for those eligible on April 4.  

“Italian-style, everything happens slowly,” said Nick Metta, a lawyer for the law firm Studio Legale Metta , which has helped Americans relocate to Italy for decades. “Now there is a pipeline of people waiting just to file the application. It's been a long-awaited visa.” 

Most of Metta’s clients would previously apply for a student visa, which allowed them to work part time in Italy. 

Under the new visa, people will be able to work from Italy for one year, with the option to renew once their visa is due for expiration. Without a visa, U.S. travelers could only stay in Italy for up to 90 days without the ability to work.

Learn more: Best travel insurance

The launch makes Italy the latest European country to offer a digital nomad visa , which has already been available in Greece and Hungary. 

Here’s everything we know about the digital nomad visa for Italy:

Destinations behind a paywall? What to know about the increasing tourist fees worldwide.

Who can apply for a digital nomad visa in Italy?

According to the official decree , the visa is meant for those who “carry out a highly qualified work activity through the use of technological tools that allow you to work remotely.” 

The regulations define eligible applicants as “digital nomads,” self-employed freelancers, “remote workers,” or those employed by a company outside of Italy and can work from anywhere, according to Studio Legale Metta.

To qualify for the visa, the applicant has to meet certain requirements:

◾ A university or college degree or an accredited professional license.

◾ Six months of work experience in the industry, or five years for applicants without a university degree.

◾ An existing employment contract.

◾ A criminal record check.

◾ Proof of an annual income of 28,000 euros (about $29,880.06).

◾ Evidence of housing in Italy.

◾ Evidence of health insurance coverage.

Applicants can also apply to have family members join them on their Italian move, but the government has to give the final approval. 

How do I apply for the digital nomad visa in Italy?

Thankfully, Metta said the paperwork for the digital nomad visa isn’t “too complicated.” 

The first stop for interested applicants will be the Italian Consulate for their area. “Consulates are basically the front of the government to receive the applications,” Metta said. Interested applicants can book an appointment with the consulate and start gathering their necessary documents. People can also apply by mailing in their application. (However, Metta did mention consulate websites are often confusing and outdated, so working with a relocation service can make things easier.)

To apply, applicants will also need a passport with an expiration date at least three months after the end of the visa period and two passport-sized photos.

Relocation services can also help people navigate the sometimes complicated process of applying for a visa, such as negotiating early termination penalties with landlords in Italy. 

These services also help people with state and tax planning, especially if people own assets in the U.S., like a house. Once in Italy, people need to register their residency with the town hall, which will determine what sort of taxes they’ll pay. People can speak to an international tax specialist to figure out their future taxes as well. 

How much will the visa cost?

According to Studio Legale Metta, the application fee is 116 euros (about $123.78) per person.

How long will the application process take?

Not too long, actually. Metta estimates the process could take just three weeks if applicants are “well-organized and have all your tax documents filed.”

Kathleen Wong is a travel reporter for USA TODAY based in Hawaii. You can reach her at [email protected] .

Update April 12, 2024

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Visitor Visa

Visa Waiver Program

Travel Without a Visa

Citizens of Canada and Bermuda

The Visa Waiver Program  (VWP) enables most citizens or nationals of participating countries *  to travel to the United States for tourism or business for stays of 90 days or less without obtaining a visa. Travelers must have a valid  Electronic System for Travel Authorization (ESTA)  approval prior to travel and meet all requirements explained below. If you prefer to have a visa in your passport, you may still apply for a visitor (B) visa.

Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015

Under the Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015, travelers in the following categories must obtain a visa prior to traveling to the United States as they are no longer eligible to travel under the Visa Waiver Program (VWP):

• Nationals of VWP countries who have traveled to or been present in Democratic People's Republic of Korea, Iran, Iraq, Libya, Somalia, Sudan, Syria, or Yemen on or after March 1, 2011 (with limited exceptions for travel for diplomatic or military purposes in the service of a VWP country).
• Nationals of VWP countries who have traveled to or been present in Cuba on or after January 12, 2021 (with limited exceptions for travel for diplomatic or military purposes in the service of a VWP country).
• Nationals of VWP countries who are also nationals of Cuba, Democratic People's Republic of Korea, Iran, Iraq, Sudan, or Syria.

Requirements for Using the Visa Waiver Program (VWP)

You must meet  all  of the following requirements to travel to the United States on the VWP:

Travel Purpose Must be Permitted on a Visitor (B) Visa

The following are examples of activities permitted while in the United States on the VWP. In addition, transiting through the United States to other countries is generally permitted for VWP travelers.

• consult with business associates
• attend a scientific, educational, professional, or business convention or conference
• attend short-term training (you may not be paid by any source in the United States with the exception of expenses incidental to your stay)
• negotiate a contract

Learn more about  Business Travel to the United States  (PDF - 362 KB).

• vacation (holiday)
• visit with friends or relatives
• medical treatment
• participation in social events hosted by fraternal, social, or service organizations
• participation by amateurs in musical, sports, or similar events or contests, if not being paid for participating
• enrollment in a short recreational course of study, not for credit toward a degree (for example, a two-day cooking class while on vacation)

Learn more about  Visitor Visas - Business and Pleasure  (PDF - 510 KB).

Travel Purposes Not Permitted on Visa Waiver Program – Examples:

• study, for credit
• work as foreign press, radio, film, journalists, or other information media
• permanent residence in the United States

Must Be a Citizen or National of a VWP Designated Country *

You must be a citizen or national of the following countries *  to be eligible to travel to the United States under the VWP.

• Czech Republic
• Liechtenstein
• Netherlands
• New Zealand
• South Korea
• Switzerland
• United Kingdom**

**To be eligible to travel under the VWP, British citizens must have the unrestricted right of permanent abode in England, Scotland, Wales, Northern Ireland, the Channel Islands, and the Isle of Man.

Each Traveler Must Have a Valid ESTA

In order to travel without a visa on the VWP, you must have authorization through the Electronic System for Travel Authorization (ESTA) prior to boarding a U.S. bound air or sea carrier. ESTA is a web-based system operated by U.S. Customs and Border Protection (CBP) to determine eligibility to travel under the VWP to the United States for tourism or business. Visit the  ESTA webpage  on the CBP website for more information.

Updating Your ESTA

In most cases, your ESTA will be valid for two years.  You also must obtain a new ESTA if you: (1) receive a new passport, including an emergency or temporary passport; (2) change your name; (3) change your gender; (4) change your country of citizenship; or (5) need to change your responses to any of the “yes” or “no” questions on the ESTA application.

These individuals can apply for visas using regular appointment processes at a U.S. Embassy or Consulate.  For those who require a visa for urgent travel to the United States, U.S. Embassies and Consulates stand ready to handle applications on an expedited basis.

If an individual who is exempt from the Act because of his or her diplomatic or military presence in one of the seven countries has his or her ESTA denied, he or she may go to the  CBP website , or contact the  CBP information Center . The traveler may also apply for a nonimmigrant visa at a U.S. Embassy or Consulate.

U.S. Customs and Border Protection strongly recommends that any traveler to the United States check his or her  ESTA status  prior to making any travel reservations or travelling to the United States. More information is available on the Department of Homeland Security (DHS) website . 

Have the Correct Type of Passport

You must have a passport that is valid for at least 6 months after your planned departure from the United States (unless exempted by  country-specific agreements ). For families, each member of your family, including infants and children, must have his/her own passport. 

In addition, you must have an e-passport to use the VWP. An e-passport is an enhanced secure passport with an embedded electronic chip. The chip can be scanned to match the identity of the traveler to the passport. E-Passports must be in compliance with standards set by the International Civil Aviation Organization (ICAO). You can readily identify an e-passport, by a symbol on the cover. See the example below. More information about e-passports is available on the DHS website .

Emergency and Temporary Passports

If you use an   emergency or temporary passport to enter the United States on the VWP, the passport must be an e-passport. This includes VWP travelers who are transiting the United States. 

More information on frequently asked questions about VWP can be found at the following websites:

• DHS Visa Waiver Program Requirements
• CBP Visa Waiver Program

May I apply for a visa instead of using the VWP?

Yes, you may apply for a visitor (B) visa, if you prefer to do so or if you are not eligible for VWP travel. Additionally, you need to apply for a visa if you will be traveling on a private aircraft or other non-VWP approved air or sea carrier. Review the  approved carriers list . Also, if you intend to stay longer than 90 days, then you need to apply for a visa. 

I was denied a visa under section 214(b). May I use the VWP?

A recent visa refusal for any reason could result in denial of ESTA authorization, additional review at the port of entry, or denial of admission to the United States. If you are uncertain if you qualify for VWP travel, you may  apply for a visa.

Trips to Canada, Mexico, or nearby islands

If you are admitted to the United States under the VWP, you may take a short trip to Canada, Mexico, or a nearby island and generally be readmitted to the United States under the VWP for the remainder of the original 90 days granted upon your initial arrival in the United States. Therefore, the length of time of your total stay, including the short trip, must be 90 days or less. See the  CBP website . Citizens of VWP countries *  who reside in Mexico, Canada, or a nearby island are generally exempted from the requirement to show onward travel to another country *  when entering the United States. Learn more on the  CBP website .

How can a country* join the VWP?

A country *  must meet various requirements to be considered for designation in the Visa Waiver Program. Requirements include, but are not limited to:

• enhanced law enforcement and security-related data sharing with the United States;
• issuing e-passports;
• having a visitor (B) visa refusal rate of less than three percent;
• timely reporting of both blank and issued lost and stolen passports; and
• maintenance of high counterterrorism, law enforcement, border control, and document security standards.

Designation as a VWP country *  is at the discretion of the U.S. government. Meeting the objective requirements of the VWP does not guarantee a country *  will receive VWP designation.

Entering the United States

An approved ESTA allows you to travel to a U.S. port-of-entry (generally an airport) and request permission to enter the United States, but an approved ESTA does not guarantee entry into the United States. The Customs and Border Protection (CBP) officials at the port-of-entry have authority to permit or deny admission to the United States. Learn more on the  CBP website .

Extending your stay

If you enter the United States under the Visa Waiver Program, you are not permitted to extend your stay in the United States beyond the initial admission period. You must depart the United States on or before the date on your admission stamp when you entered the United States. See Extend Your Stay on the U.S. Citizenship and Immigration Services (USCIS) website .

Change of status

If you enter the United States under the Visa Waiver Program, you are not permitted to change status in the United States. See  Change My Nonimmigrant Status  on the U.S. Citizenship and Immigration Services (USCIS) website.

What if I am traveling to Guam or the Northern Mariana Islands?

Citizens of Australia, Brunei, Hong Kong, Japan, Malaysia, Nauru, New Zealand, Papua New Guinea, South Korea, Singapore, Taiwan and the United Kingdom do not need a visa or ESTA to visit both Guam and the Northern Mariana Islands because of the Guam-CNMI Visa Waiver Program, though they must complete Form I-736 prior to travel.  People's Republic of China Passport holders also do not need a visa if they complete Form I-736 for temporary admission into the Northern Mariana Islands. For more information on the Guam-CNMI Visa Waiver Program,  click here

* With respect to all references to “country” or “countries” on this page, it should be noted that the Taiwan Relations Act of 1979, Pub. L. No. 96-8, Section 4(b)(1), provides that “[w]henever the laws of the United States refer or relate to foreign countries, nations, states, governments, or similar entities, such terms shall include and such laws shall apply with respect to Taiwan.” 22 U.S.C. § 3303(b)(1). Accordingly, all references to “country” or “countries” in the Visa Waiver Program authorizing legislation, Section 217 of the Immigration and Nationality Act, 8 U.S.C. 1187, are read to include Taiwan. This is consistent with the United States’ one-China policy, under which the United States has maintained unofficial relations with Taiwan since 1979.

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Indians can now stay in Switzerland, Amsterdam for up to 2 years like visa-free nationals. Check details

W ith European Union (EU) adopting favourable Schengen visa rules for Indians, the strength of Indian passport is arguably set to grow with travel to 29 European countries getting seamless and hassle-free. 

Incidentally, Indian passport is currently ranked at 85 , as per Henley Passport Index for 2024 that ranks 199 nations based on the strength of their passports. Our neigbouring country Pakistan is ranked at 106, while Bangladesh at 102.

Under the new Schengen visa regime , Indians will now be able to enter any of these European countries multiple times for two years, which is further extendable by 5 years, and stay there like a visa-free national.  

This is a stark departure from the current practice. Until now, when Indians intend to travel to one or more European countries, they are meant to apply for the much sought-after Schengen visa, which is given for a maximum of three months. 

ALSO READ: Indians can now apply for multiple entry Schengen visa with longer validity. Check details

But now, under the cascade regime -- guess what? You can stay in Switzerland, Amsterdam, and/ or any other European countries such as Austria, Hungary, Poland, Belgium, Germany, France, among others, for as long as five years without any hiccups. 

According to a report in Aug 2023, Scandinavian region in Europe saw a substantial growth of 140 percent as of August 2023 in comparison to pre-COVID levels in 2020, according to insights from MakeMyTrip.

Let us understand how this will work:

How will this work?

This is primarily beneficial for those Indians who frequently travel to one or more of European countries. And if you have travelled to Europe on a Schengen visa for two times in the past three years, then you are eligible for this new visa category ‘cascade regime’ under which you will be given two-year multi entry visa and you can travel and stay in any of these countries just like an individual who does not require a visa to be there. 

But the only catch is that you won’t be allowed to work and earn there like a local citizen.

This two-year visa will then be followed by a five-year visa so long as the passport has sufficient validity. For example, if the passport is set to expire three years later, then the visa seeker won’t be able to get the Schengen visa extended by five years. 

"The two-year visa will normally be followed by a five-year visa, if the passport has sufficient validity remaining. During the validity period of these visas, holders enjoy travel rights equivalent to visa-free nationals," reads the statement shared by Herve Delphin, Ambassador, Delegation of European Union to India on ‘X’ Platform. 

5-year post-study visa in France 

This Schengen move is testimony to growing partnership between Europe and India. Last year, France also eased its visa rules for inbound Indian students. 

When Prime Minister Narendra Modi visited France in July 2023, the European nation had extended five-year post-study visa to Indian students who had completed their master's degree there. 

Earlier, Indians were given two-year work visa after completing their master's degree.