Why do US immigration agents stamp visitors for six months if they don’t want you to stay six months?
We have numerous stories here in travel.se and elsewhere of people who have entered the US on vacation and were given six months validity on their B1/B2 or ESTA status.
They might have originally planned a shorter trip but seeing the extra time, they took advantage and stayed 5 months and 28 days — not overstaying but leaving just under the deadline.
But the next time they tried to come they were given a hard time or even refused another visa.
If USCIS doesn’t want you to actually stay six months, then why stamp permission for six months? Why not give those people just three months? Is it just laziness — they don’t want to adjust the date on their stamp? Or something else?
Best Answer
Apparently because the Code of Federal Regulations strongly recommends it:
8 CFR 214.2 - Special requirements for admission, extension, and maintenance of status.
(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 § 212.1(e) of this chapter may be admitted to and stay on Guam for period not to exceed fifteen days and are not eligible for extensions of stay.
(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.
Hence I believe CBP Officers (not wanting to bother with having to fill paperwork to defend their decision to give you less than the six months to the District Director) default to it.
Pictures about "Why do US immigration agents stamp visitors for six months if they don’t want you to stay six months?"
What is US entry stamp?
Your port of entry stamp is issued when you enter the United States and is usually placed on the page next to your visa. You will receive a new stamp each time you re-enter the US. This stamp contains: Location of entry point. Date of entry.What is visa stamp?
A visa, or visa stamp, is a physical stamp or sticker in your passport that is issued by a U.S. embassy or consulate outside of the U.S. It indicates that you are eligible to apply for entry to the U.S. in a specific immigration category such as F-1 or J-1 student.How long can a foreign visitor stay in the US?
When you enter the U.S., a customs officer will give you authorization to stay in the U.S. for up to six months. If you'd like to stay for longer, you may be able to apply to extend this for up to one year.Do they stamp your passport in USA?
At the port of entry, upon granting entry to the United States, the Department of Homeland Security, U.S. immigration inspector, provides you an admission stamp or paper Form I-94, Arrival/Departure Record in your passport.Five Mistakes NOT to Make at your Immigration Interview
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