Theoretical Maximum Stay Duration
1. Official Upper Limit
• When entering the United States on a single occasion with a B1/B2 tourist visa, the maximum stay duration is 180 days (6 months). The specific length of stay is determined by the officer from U.S. Customs and Border Protection (CBP) upon entry and will be noted on the electronic I-94 record.
2. Practical Approval Variations
• Regular Cases: CBP typically approves a stay duration of 1-3 months based on the purpose of the trip, the reasonableness of the itinerary, and the adequacy of the supporting materials. For example:
◦ If the itinerary indicates a planned stay of 15 days, CBP may only approve 30 days.
◦ If detailed hotel reservations and return flight tickets are provided, a stay duration of 3 months or longer may be approved.
• Special Cases: There have been instances where applicants, due to multiple stays approaching 180 days with short intervals in between, were granted a significantly shorter stay duration of only 6 days upon re-entry.
Core Factors Influencing Stay Duration
1. Purpose of Travel and Reasonableness of Itinerary
• The purpose must strictly align with the B1/B2 visa type (tourism, visiting relatives, short-term business). If there are suspicions of immigration intent or if actual activities do not match the stated purpose (such as long-term care for relatives), the stay duration may be shortened or even result in deportation.
• Recommendation: Prepare an English version of the itinerary, hotel reservations, and an invitation letter (for visiting relatives/business) in advance.
2. Financial Proof and Tie to Home Country
• It is necessary to demonstrate the ability to cover expenses in the United States (it is recommended to have savings that are at least double the estimated costs) and to provide domestic assets (property, stable employment) to strengthen the intention to return home.
3. Past Entry and Exit Records
• A good travel record to developed countries (such as Schengen Area, Japanese visas) can help in obtaining a longer stay duration.
• If there is a history of overstaying, there may be strict scrutiny or limitations on the stay duration.
Stay Duration Extension and Restrictions
1. Conditions for Extension Application
• An I-539 form and supporting materials (reasons for extension, financial proof, etc.) must be submitted to U.S. Citizenship and Immigration Services (USCIS) at least 45 days before the I-94 expiration date. The maximum extension period is 6 months, but the success rate is relatively low.
• Risk Warning: If the extension application fails, immediate departure is required; otherwise, it will constitute unlawful overstaying.
2. Cumulative Stay Restrictions
• CBP adopts a "rolling annual calculation method": starting from the date of entry and looking back one year, the cumulative stay duration must not exceed 180 days.
• Example: If entering on January 1, 2025, and staying for 5 months, upon re-entry in December 2025, the cumulative stay duration for the entire year must not exceed 1 month; otherwise, there is a risk of deportation.
Precautions After Entry
1.Checking the Actual Stay Duration
• Log in to the CBP website I-94 Inquiry Page, enter passport information to obtain the electronic I-94 record, and confirm the "Admit Until Date."
2.Avoiding Violations
• Prohibited Behaviors: Working, long-term residence, or frequent entry and exit (such as staying for more than 3 months twice within six months) on a tourist visa.
• Consequences: Visa revocation, future entry restrictions, and even a 5-year ban from entering the United States.