1

I entered USA on Dec.2,2018 on B-2 Tourist Visa.My passport was stamped Dec.1,2018 for my date of entry and stay until January,30,2019 (two months stay only) Date of entry was stamped wrong.However,my I-94 online shows date of entry as December,2,2018 and valid until June,1,2019.(Six months stay).Also,they put the stamp on my visa page.Tried to visit CBP office to find my actual period of stay but,was unsuccessful due to Govt shut down.Should I go by my passport or I-94?

  • 3
    If not better answer comes for you, stay within the shorter one, you will never be wrong with that. – Willeke Jan 18 at 14:42
  • 1
    When you went through passport control, did the officer say or ask anything specific that would explain a shorter duration, like you being there too frequently for instance? – jcaron Jan 18 at 14:42
  • 1
    This seems like a clear case of "better safe than sorry" (to echo Willeke), and I agree with @jcaron that it's hard to say much else without knowing why you were granted a reduced period of admission. The steps you should consider taking also depend on how important it is to you to be able to stay beyond January 30th. Is it? – phoog Jan 18 at 18:11
  • In future, you should always check your stamp immediately when you get your passport back, before leaving the immigration officer. – Michael Hampton Jan 18 at 22:38
2

This is an easy answer although it may not be what you want to hear. Unless you are able to get it fixed at a CBP office, stay within the dates on your physical stamp. Out of an abundance of caution I would defer to what is on your passport over what is in their database.

Why? Because immigration officers are specifically instructed to issue six months entry for B visitors unless they have strong reasons not to do so, and in that case they must justify the reason to a supervisor/district director.

Thus it is not trivial when an immigration officer admits you for less than six months. Although in your case given the errors in your actual entry it could possibly be a mistake that he gave you only two months, do not risk it.It is a risk vs reward question.

Code of Federal Regulations

8 CFR 214.2 - Special requirements for admission, extension, and maintenance of status.

(b)Visitors -

  • (2) Minimum six month admissions. Any B-2 visitor who is found otherwise admissible and is issued a Form I-94 (see § 1.4), 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.

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.