My father has 1 year B1/B2(Visitor) visa. (Please dont ask why one year, its longggggg story). I am planing to apply his Canada visitor visa.

When they will enter to US, on port of entry, generally officer enter date after 6 months when you enter. For example, if your date of entry is June, 30, then you can stay till December, 30. (Generally, its 6 months, there might be case, where they gave less time, but I am not aware about that.)

My question is, if they visit Canada in November, and come back before December 30, on port of entry, they will get new date till they can stay? like they get next year May date? or Date will be same December, 30?

  • How many entries? – mzu Jun 29 '17 at 4:13
  • He has multiple entry visa – Lafada Jun 29 '17 at 14:07
  • Why are you trying to avoid the legal way of extension through USCIS: I-539? – mzu Jun 29 '17 at 17:25
  • @mzu he already got 3 times 1 year visa only, so trying way by which we can use his 1 year visa in full. – Lafada Jun 30 '17 at 0:19
  • It is not clear, how does usage of the 1 year visa in full conflicts with entering US and filing I-539 after 3 months? – mzu Jun 30 '17 at 1:41

If it is a single-entry US visa the case falls under automatic visa revalidation, so your father will have the same period of admission (till Dec 30).

If it is a multi-entry visa, then, in theory, it counts as a new admission and a new period of admission will be given.

However, in practice, US CBP on Canadian border do not bother giving you a new entry stamp, so the period of admission will likely remain the same.

A possible way to extend the time would be travel from Canada, somewhere else (e.g. Iceland - shortest flight), re-enter either Canada or US and present yourself before US CBP for an admission

There is a perfectly legal way of extending your stay from within the US:by filing I-539

  • Iceland, I am not sure, but if I can manage to send them in Mexico, then they will get new entry stamp when enter back ? – Lafada Jun 29 '17 at 14:07
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    For a while I was spending long periods in Mexico and observed from that that 30 days is significant; if I spent more than 30 days in Mexico they would give me a new stay on the way back through the US, if I spent less than 30 days they wouldn't. When I once returned after 28 or 29 days the CBP officer actually apologized that he couldn't give me a new entry and seemed to be considering doing so anyway, but I had 5 months left on the old entry and was only spending 4 days in the US so it wasn't useful. I know of no where that documents this, though. – Dennis Jun 29 '17 at 15:03
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    P.S. I should point out the reason 30 days out is significant is that I believe the AVR rule that those with valid I-94's visiting adjacent territories for <30 days can resume that stay is applied whether you have a valid visa (or equivalently, as in my case, a visa exemption) or not. If true this would imply that >30 days in Canada would also result in a new entry being given while <30 days might not. The AVR rules do not read as if they must be applied like this, though, and I know of many exceptions, so one can't rely on this. – Dennis Jun 29 '17 at 16:16
  • @Dennis, you are right. The idea is violate the AVR rule somehow. Either by staying past 30 days, or by leaving to the 3rd country (Technically, even visiting St. Pierre and Miquelon, satisfies this rule for B-1). – mzu Jun 29 '17 at 17:19
  • @Lafada. Mexico is included in the AVR, so Mexico might not work. Think more about Guatemala and Belize. – mzu Jun 29 '17 at 17:20

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