Hi vipulgupta,
Briefly, the expiration date on the I-94 will determine when your
parents must leave the U.S. even if that date extends beyond the B-1
visa expiration.
The B-1 visa does not represent permission to enter the U.S., it only
allows the holder to request permission to enter the U.S. for business
purposes. At the port of entry, the border official will determine if
your parents be allowed to enter the U.S.. If so, the I-94 will be
stamped with how long your parents will be allowed to stay. It is
possible to apply for an extension, using Form I-539 (see below).
Visitor Visas - Business and Pleasure [4 key points]
1. "The "visitor" visa is a nonimmigrant visa for persons desiring to
enter the United States temporarily for business (B-1)..."
2. "Unless previously canceled, a visa is valid until its expiration date..."
3. "Applicants should be aware that a visa does not guarantee entry
into the United States. The visa allows a foreign citizen coming from
abroad, to travel to the United States port-of entry and request
permission to enter the U.S."
4. "Also, the period for which the bearer of a visitor visa is
authorized to remain in the U.S. is determined by a CBP official when
you arrive in the U.S., not the consular officer at the embassy or
consulate. At the port of entry (an international airport, seaport or
land border crossing), a CBP official must determine whether you can
enter and how long you can stay here, on any particular visit. If you
are allowed to enter, the CBP official authorizes the traveler's
admission to the U.S. At that time, Form I-94, Record of
Arrival-Departure, which notes the length of stay permitted, is
validated by the CBP official."
http://travel.state.gov/visa/temp/types/types_1262.html
Admission into United States
"If you are an alien, the CBP Officer must determine why you are
coming to the United States, what documents you may require, if you
have those documents, and how long you should be allowed to initially
stay in the United States. These determinations usually take less than
one minute to make. If you are allowed to proceed, the officer will
stamp your passport and customs declaration form and issue a completed
Form I-94 to you. A completed form I-94 will show what immigration
classification you were given and how long you are allowed to stay."
http://www.cbp.gov/xp/cgov/travel/id_visa/legally_admitted_to_the_u_s.xml
"At the port of entry, an Immigration official must authorize the
traveler's admission to the U.S. At that time the Form I-94, Record of
Arrival-Departure, which notes the length of stay permitted, is
stamped. Those visitors who wish to stay beyond the time indicated on
their Form I-94 must contact the USCIS to request Form I-539,
Application to Extend Status. The decision to grant or deny a request
for extension of stay is made solely by the USCIS. "
http://uscis.gov/graphics/services/tempbenefits/BusPleasure.htm
I-539, Application To Extend/Change Nonimmigrant Status Fillable Form
http://uscis.gov/graphics/formsfee/forms/i-539.htm
I was glad to work on this for you. If you have any questions, please
post a clarification request and wait for me to respond before
closing/rating my answer.
Thank you,
hummer
Google Search Terms Used: uscis b-1 i-94 |
Clarification of Answer by
hummer-ga
on
10 Feb 2006 08:50 PST
Hi vipulgupta,
"To summarise, you mean I need not bother for B1 expiring within 5 days
of their entry into USA, as their stay will actually be determined by
I-94 validity."
Yes, their length of stay will be determined by the dates on the I-94,
which will be determined by the officer at the port of entry.
"Also does the officer issuing I-94 consider the B1 expiring in 5 days
and reject on that pretext?. Could he also on that ground issue I-94
for small time period only, ie uptill validity of Visa only."
The expiration of the B-1 is less important than the reason for the
visit. The officer will want to know why your parents are coming to
the U.S. The B-1 is for business purposes, the B-2 is for pleasure. If
the only purpose is to visit you, it is possible the officer will
reject their request for entry.
In regards to the expiration date on the visa, as long as it is still
valid, your parents may use it. It is only a means to ask permission
at the port of entry to enter the U.S., it has nothing to do with the
length of stay.
"I'm looking for their stay of around 45 days only ie utill end of June."
45 days sounds reasonable but the length of stay is totally at the
discretion of the officer, noone can guarantee what he will decide in
the short period of time that he has to make the assessment.
I hope everything goes well and your parents arrive safely.
hummer
|
Clarification of Answer by
hummer-ga
on
10 Feb 2006 11:08 PST
Thank you for your nice note and tip, vipulgupta, I'm glad I was able
to help. I'm also glad to hear that they have B-2 visas, the B-1 had
me a bit worried. I don't anticipate any trouble for them as long as
all their paperwork is in order. The length of stay will still depend
on the officer on duty, but barring any unforseen problems, everything
should be ok. Ofcourse it's hard for me to give a more definitive
answer given there are so many details that I don't know. You could
try phoning the CBP and ask them directly.
Field Operations Offices
http://www.cbp.gov/xp/cgov/toolbox/contacts/cmcs/
Their previous visit shouldn't hurt their chances, for me, everything
sounds fine but then I'm not the person who matters!
Good luck - if you think of it, let me know when your parents arrive
and how long they were given to stay.
hummer
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