B1 - how long can I stay, and how often can I visit?

[SimonSays]

Like many people, I had been pushing it a little on the visa waiver program, including two stays of 90 days last winter. Duing my last attempt to gain entry I was given some serious hassle by immigration before eventually being allowed in.

I have business as well as personal ties in the US, and therefore decided to apply for a B1 visa in advance. I have just been granted a 10 year, multi entry B1. Hooray!

My question is, what, if any advantages will my B1 have? Will I still get a stamp on entry, and do I have any idea how long I will be allowed to spend in the US? I heard you can spend up to six months in the US on a B1 - but must you have relevant documentation to hand? Could I still be turned away despite having a big, official-looking visa in my passport?

As mentioned, I have business ties but also have a girlfriend and would like to spend time with her next winter. Any tips would be appreciated.

[JulieC]

Yes they can turn anyone away even with a visa, entry is down to the port of entry officers decision. There are people with valid E2s with several years to go on them that I know who have recently got real hassle and been taken off for secondary questioning , two lots so not just isolated. I am guessing the officers have had a pep talk and gone totally over the top.
You are only supposed to stay 6 months in a year, you can apply to extend this but need to show good cause. Having a girlfriend here is not going to help your case at all, I am surprised you even got a B1.
Can I ask whether they stamped it not valid for change of status as I have heard they are doing that in some cases now.

[floridapete]

Like many people, I had been pushing it a little on the visa waiver program, including two stays of 90 days last winter. Duing my last attempt to gain entry I was given some serious hassle by immigration before eventually being allowed in.

I have business as well as personal ties in the US, and therefore decided to apply for a B1 visa in advance. I have just been granted a 10 year, multi entry B1. Hooray!

My question is, what, if any advantages will my B1 have? Will I still get a stamp on entry, and do I have any idea how long I will be allowed to spend in the US? I heard you can spend up to six months in the US on a B1 - but must you have relevant documentation to hand? Could I still be turned away despite having a big, official-looking visa in my passport?

As mentioned, I have business ties but also have a girlfriend and would like to spend time with her next winter. Any tips would be appreciated.

Unfortunately, you have heard totally wrong ! Either you misunderstood why you were applying for a B1 visa - or you applied for the wrong one !

A B1 (visit for business) Visa will typically provide the bearer with up to 30 days to enter the US for business purposes only. That is NOT to run a US business or to work in a US business for gain. But to DO business with a US client on behalf of a UK business (i.e in a supplier/client relationship).

This period of 30 days is NOT open ended and will be stamped into your passport and I/94 by the POE. The date will be very specific and to overstay will be an offence which would then reflect on any future entry.

So did you get the wrong visa ?

What you should have applied for if you wish to have 'up to 180 days in any 365 day period' per entry in the USA is a B2 (visit for pleasure) visa. This will provide you with (subject to the POE's satisfaction on arrival) such a period of entry which will then, also, be stamped into your passport and I/94. This date will also be specific and any overstay will also be an offence. However, for good enough reasons (i.e. medical emergency) you could apply for and extension of that six months up to another six months by application to the nearest USCIS office giving all details.

HOWEVER, you would then have to leave the USA and stay outside of the USA for an equivalent period (i.e. one year in total) before presenting yourself on your B2 visa to be re-admitted ! Is that worth it ?

The 'six months' period is also 'per 365 days' so you would not be able (legally) to exit the USA to another country and then to re-enter within a further six months after your 180 day ' annual ration' has been used up.

As you have already come unstuck and gained the attention of the USCIS over repeated use of the Visa Waiver programme (which is intended for tourist visits - not those who try to misuse it for repeated and lengthy stays) your USCIS entry record will almost certainly now have a flag on it !

You should, therefore, be VERY careful how you proceed on your brand new B1 visa (or B2 visa if, in fact, that is what it is but you didn't know the difference).

How young are you ? You don't say whether you are of tender years or more mature. Reason I ask is that is the major factor the POE will consider when you arrive at his desk. The Visa does NOT give you any rights to enter the USA - just a right to present yourself for 'consideration'. Therefore, the POE will take a look at you and wonder how you will mean to support yourself for, say, six months, if you don't work (because you are NOT allowed to). Also, what binding ties do you have to the UK which will mean that you are unlikely to try to 'remain' in the USA ? What property do you own in the UK - or are you only a tenant here ? What family/children do you have here ? What is your job - and how come that you can take so much time off it to visit the USA on a non-working basis ? Carry whatever paper proof you can to assure the POE - bank account statements showing adequate funds to support you whilst in the USA. Property address proof and proof of ownership in your name. Proof of employment, pay slips etc.

Also be very careful about making any mention of 'personal reasons' (i.e. girlfriend) over there. That would definitely be a 'red flag' to any POE who would expect you to try to remain. They would figure (maybe rightly) that you are just working up to trying to convert to a 'fiance visa' and then to a Green Card and they don't like the B2 visa being used as an 'interim status' !

"Welcome to America " ? I don't think so !

[mark]

Hi Simon and welcome

Peter and Julie are very wise on these matters.

It is true that even if you have a current visa stamped in your passport the final decision to allow you entry into the US lies with the POE officer.

My brother came to the US twice within the last 12 months. The first trip was his usual vcacation and the second visit was to visit our dad who was very ill and since passed.

The rules are that you are only allowed to stay in the US for 180 days in a twelve month rolling period. As my brother retuned to the UK on 4th June 06 and had stayed 5.5 months within the last 12 months it will be months before he can visit us.

[pegasus]

Hi
Please tell me where it says 6 months in twelve. It is max 6 months at a time.similar the VW is max 90 days AT A TIME (I am happy to be PROVED wrong)
The POE will decide the actual frequency and length up to this 6 months (90days), unfortunately no one knows how they make this decission. Your personal circumstances (and how they get out of bed that morning, some say) will be the decider!!!!!
We have client's who have been backwards and forwards for the last couple of years only staying a couple of weeks or so at a time outside. Some of their circumstances are retired, no kids, property in UK Spain and USA, provable substancial funds. They know they could be stopped at any time, however, as they say, they get asked questions, they answer truthfully and they get in.
Recently they have been giving to others (not so fortunate as above) the exact date of their return ticket whether that be 6 months or 6 weeks. I see nothing wrong with that!

As others have said, it IS all down to the POE officer, if they think you are fibbing, you will at least be grilled vigorously.

Good luck and
B Rgds

Neil

[chris]

I don't know where this 6 months bit has crept in on the Visa Waiver Program, but it's the typical chinese whisper thing. I fell for that and quoted it, only to have someone question it. I thne went to the website at the state dept to check out what it says about the Visa Waiver Program, what it is, who can use it, etc.
Firstly it is NOT just Tourists. The webiste specifically says it about folks visiting the US for Tourism AND Business. It highlights the fact that the Program is for those who travel FREQUENTLY to the USA and is more streamlined less hassle method than getting a Visa form the Embassy.
No where does it mention anything about lengths of stays other than the VWP allows entry for up to 90 days. No mention is made of mulitple entries, other than describing the purpose of the VWP which, as said earlier the State Dept states is for frequnet travellers.
Quite why the POE lackies should start questioning folks who come in frequently on the VWP when the whole concept of the damn program is just that is beyond me, but then again does anything on the Immigration make sense these days?
I think we are all guilty of taking advice at face value, when really the only sensible way is the check at the horse's mouth.

[pegasus]

Hi reading the INA and adjudicators handbook (as one does when bored on a friday) I came across this
Sec. 214.2(b) Visitors --

(1) General. Any B-1 visitor for business or B-2 visitor for pleasure may be admitted for not more than one year and may be granted extensions of temporary stay in increments of not more than six months each, except that alien members of a religious denomination coming temporarily and solely to do missionary work in behalf of a religious denomination may be granted extensions of not more than one year each, provided that such work does not involve the selling of articles or the solicitation or acceptance of donations. Those B-1 and B-2 visitors admitted pursuant to the waiver provided at Sec. 212.1(e) of this chapter may be admitted to and stay on Guam for a period not to exceed fifteen days and are not eligible for extensions of stay. (Paragraph (b)(1) revised 1/1/94; 58 FR 69210)



(2) Minimum six month admissions. Any B - 2 visitor who is found otherwise admissible and is issued a Form I - 94, will be admitted for a minimum period of six months, regardless of whether less time is requested, provided, that any required passport is valid as specified in section 212(a)(26) of the Act. Exceptions to the minimum six month admission may be made only in individual cases upon the specific approval of the district director for good cause

Interesting ? anyone with a B1 or B2 should get a copy and present it to the POE

B rgds

Neil

[SimonSays]

Thanks Pete and all others who responded.

Firstly, a little more about my situation. I am acting as a literary agent for a couple of US clients, and also supply specialist info to a US company from Europe on a non-contract basis. I didn’t mention the girlfriend when applying for the visa, and don’t intend to at the POE. I am in my early 40’s. While the business is very legitimate, I can’t deny that I also enjoy the lifestyle and would like to spend the winter months in the US. My visa is only B1, not B2, and does not have any kind of 'no change of status' proviso. At the visa interview in London I was asked how long I intended to stay in the US on my next visit. My reply was ‘maybe a couple of months’ which seemed to satisfy the official.

I was, therefore, surprised to read that a B1 will only typically provide the bearer with up to 30 days. I have read in many other places and forums that you can typically expect to be granted a 6 month stay when entering on a B1, which can even be extended (once). Maybe this 30 day rule is new, or is something to prevent Brits misusing the system when entering Florida. I can demonstrate binding ties back home – a flat, money in the bank etc.

Very interesting to see the text from the INA and adjudicators handbook, Neil. Thanks for that.

Maybe I’ll see some of you Florida Brits in Harry Ramsbottom’s in Kissimee this winter – if they let me in.

[SimonSays]

I came across this old article which appears to validate what Pete was saying. But as always, length of entry appears to be at the discretion of the immigration officer. It would be interesting to hear of any personal B1 entry experiences

Proposed Changes

Length of Stay

- The maximum length of stay in the United States on a B1/B2 visa will change from one year to six months.

- The I-94 card (expiration date) will be issued for 30 days unless the visitor explains why they need a longer period of time to remain in the United States (no more than six months). The burden of proof is on the visitor.

Extension of the length of time on the I-94 card

B1/B2 lengths of stay in the United States can only be extended for up to six months if

a. The visitor can prove he or she has sufficient financial resources to remain in the United States

b. The visitor can prove he or she is maintaining residence outside the United States

c. The visitor must prove he or she has an unexpected situation that requires that he or she remain in the United States for a longer period.

The circumstance must be documented and significant or out of the visitor's control. If the visitor gets an extension of the B1/B2 on or after the final rules are published (after May 13, 2002), then the visitor cannot change status to F1 or M1 in the United States.

http://frwebgate3.access.gpo.gov/cgi-bin/waisgate.cgi?WAISdocID=72357722313+0+0+0&WAISaction=retrieve

[mark]

Hi Neil/Pegasus


I have had this from a POE immigration inspector. Apparentley there is nothing in writing for public viewing but the officers at POE have a Little Black book ( or whatever he called it as I cannot remember the name.) that they can refer to.

One of the main questions asked at POE is When did you last visit and for how long. As soon as you reach 180+ days in a revolving 12 month period you stand a good chance of being denied entry to the USA,

I do agree with you that the final decision to allow entry to the USA is up to the POE officer. Maybe, some do not bother with this unwritten statement and just allow you in, who knows what they think? At the end of the day if they are in a good mood you stand a better chance of getting entry and a row with the wife the night before, then forget it

[InnVic]

<<Latest visitor VISA regulations - Tips

The proposed rule will place the burden on the visitor to explain to the INS Immigration Inspector at the port of entry, about the nature and purpose of their visit, in order for the Inspector to determine a period of time that is fair and reasonable for the completion of the purpose of the visit. When Inspectors cannot determine a fair and reasonable period of admission, INS will grant a 30-day period of admission. If an alien establishes the need for a period of stay, longer than 30 days, the Inspector will grant an appropriate and proportionate period of admission.>>

Above lifted from an immigration website...

[SimonSays]

So in theory, if I were to enter in November, and show convincing evidence that I'd be attending conferences or seminars in Feb/March, I should get a stamp for five or six months.

If not, then the visa waiver would be preferable!

[Ray10]

<<Latest visitor VISA regulations - Tips
The proposed rule will place the burden on the visitor to explain to the INS Immigration Inspector at the port of entry, about the nature and purpose of ..
This is over a year old and never came into effect

[floridapete]

<<Latest visitor VISA regulations - Tips

The proposed rule will place the burden on the visitor to explain to the INS Immigration Inspector at the port of entry, about the nature and purpose of their visit, in order for the Inspector to determine a period of time that is fair and reasonable for the completion of the purpose of the visit. When Inspectors cannot determine a fair and reasonable period of admission, INS will grant a 30-day period of admission. If an alien establishes the need for a period of stay, longer than 30 days, the Inspector will grant an appropriate and proportionate period of admission.>>

Above lifted from an immigration website...

That sounds suspiciously like the plans that the old INS hatched up in a knee-jerk reaction to 9/11 that everyone would arrive at the POE desk and then have to argue their case with the inspector if they wanted anything more than a 30 day stay. That meant that, for instance, B2 visa snowbirds would, after a 9 hour flight, have to stand up to a POE officer to negotiate for their expectation of a stay of up to 6 months, but with no guarantee that they would get it as they always previously had. Thney might even only get 30 days and then have to go home again !

This was a lousy ill considered plan simply to appease the world-afraid Americans at that time and I was involved in a very strong objecting movement against the Director of the INS who dreamed it up. He subsequently resigned and the plan was ditched when the INS handed over to the USCIS.

So please disregrad it altogether !

[InnVic]

I guess that there is so much confilicting information out there.....and it seems that those at POE seem to suffer from misinformation also. I'm sorry if it caused confusion...but its easy to get confused by this process.
But you all know what its like when you get some "jobsworth" guy who feels he has to labor every point. When we first came over to look for business's we did it on visa waiver (probably not strictly legit - but by far the easiest) we still have our old passports. We had been scuba diving in Egypt several times and I had friends in Dubai that I'd visited on a few occassions. The passport stamps obviously flagged us as terrorists as we got the 9th degree every time we came in.(not quite the rubber gloves but we were worried...shoes off etc.!) Prior to visa application we applied for new "clean" 10 year passports.

[SimonSays]

That sounds suspiciously like the plans that the old INS hatched up in a knee-jerk reaction to 9/11 that everyone would arrive at the POE desk and then have to argue their case with the inspector if they wanted anything more than a 30 day stay. That meant that, for instance, B2 visa snowbirds would, after a 9 hour flight, have to stand up to a POE officer to negotiate for their expectation of a stay of up to 6 months, but with no guarantee that they would get it as they always previously had. Thney might even only get 30 days and then have to go home again !

This was a lousy ill considered plan simply to appease the world-afraid Americans at that time and I was involved in a very strong objecting movement against the Director of the INS who dreamed it up. He subsequently resigned and the plan was ditched when the INS handed over to the USCIS.

So please disregrad it altogether !

I agree there is a hell of a lot of conflicting info out there. As Pegasus says, even the official USCIS website says that "any B-1 visitor for business or B-2 visitor for pleasure may be admitted for not more than one year and may be granted extensions of temporary stay in increments of not more than six months each". (http://www.uscis.gov/graphics/services/visas.htm)

But as a rule it sounds like B1 entrants get just 30 days unless they ask for more, and are given more time at the officer's discretion. B2 entrants generally still get 6 months unless they have been in the US more than 6 month in the past year.

Damn! Guess I should have asked for a B1/B2. Still, I'm in a better position than I was before, and hopefully should be OK for a stay lasting 4 or 5 months in a year - which is all I need. They are less likely to refuse entry outright to a Brit with a B1 too, I'd guess.

I suspect the rules are deliberately 'gray' re: many visa issues.

[SimonSays]

A concise, up to date text on the current status of B1 visas can be found here. http://www.twmlaw.com/new/b-1.html

Interestingly, it says that the "DOS and USCIS have attempted but failed to issue a joint regulation on B visas, as a result, both agencies have considerable discretion on whether to issue B-1 visas or admit B-1 visitors."

I'm becoming quite a B1 expert!

[Susie]

Hi Simon

I am a bit surprised that this does not mention the main reason my son was denied a B visa which was


Underlined

Sectio 214 of immigration and nationality act states that all applicants shall be deemed an immigrant until such times as they prove to the consular officers satisfaction they are not

Also; You must prove strong family, emotional and financial ties to the UK

or am I getting muddled up ?

[SimonSays]

Sorry to hear about about your son Sue. Hope he manages to convince them of his ties to the UK in the future, and is awarded a visa.

The fact that "all applicants shall be deemed an immigrant" is a bit like saying you're guilty until proven innocent!

[floridapete]

The fact that "all applicants shall be deemed an immigrant" is a bit like saying you're guilty until proven innocent!

It's the "American way" ! :)

[Sharon]

Hi

With all the referrals and delays I must admit it seems the American's are trying everything in their power to make it extremely difficult for anyone to get a visa