AS WORKING visa’s become increasingly difficult to get through the US Embassy in London, I am receiving quite a few calls from people looking into the B visa option.
The B visa (B1/B2) as it is applied to UK citizens, is for business persons or visitors who need to remain in the United States for longer than 90 days and for up to six months. The visa itself is generally valid for a five year period. In the most recent past, when a visitor presented a B visa to the inspecting officer upon arrival in the United States, the officer generally would grant the person an I-94 valid for up to 180 days. That is, the B visa holder could remain in the United States for up to six months. Further, a B visa holder could extend their authorized stay for an additional six months while in the United States, and could even change their status to another visa category without leaving the United States.
Unfortunately, after 9/11, the government has revisited the B visa regulations and now instructs inspecting officers to authorize an individual’s stay for only as long as the officer determines it will take for the visitor to complete his trip. In many cases, this turns out to be only thirty days. Thus, even if you arrive in Los Angeles with a five year B visa, unless you have a schedule and supporting documents to explain the reason for your visit and the reason why you need to be here for more than thirty days, chances are you will only be authorized to remain in the United States for thirty days. Trying to verbally explain your reasons to the inspecting officer upon arrival will probably not be good enough – you will need documentation. Please note, you can still get a six month authorized stay, but you should be prepared to provide the inspecting officer with supporting documents to support your request. However, you will never be granted a five year stay regardless of the validity dates on your visa. The maximum amount of time you can be granted by law is six months.
On another note, if you plan to try and stay in the US through a change of status petition your application may be denied based on fraud if it is filed within the first 30 days after you entered the country. That is, the CIS may view your initial entry as fraudulent if you apply to change to another category within thirty days after entry into the United States with a B visa.
The above article is provided for informational purposes only and should not be considered legal advice. Please consult your immigration attorney to discuss the specifics of your own case. I can be reached at (619) 235-5400 or through my web page at www.urelaw.com.
This article was first published in March 2014
