Coming back to the USA near the max duration of stay

[fstpierre]

Hi,

My in-laws are on a B-2 multiple-entry visa. The expiration date on their visa page is Sept 22, 2016, but they got a visa stamp at the border saying they can stay until May 31, 2016 (6 months from their entry date). They want to go on a cruise to the Caribbean from May 22 to May 29. Will they have a problem coming back given it's so close (2 days away) to the date on their visa stamp? We've already filed for them to extend their stay for another 6 months, but may not get the response before they go on a cruise. However, we can provide a return ticket to their home country on May 30. Any advice would be well appreciated!

[Libra_14]

My in-laws are on a B-2 multiple-entry visa. The expiration date on their visa page is Sept 22, 2016, but they got a visa stamp at the border saying they can stay until May 31, 2016 (6 months from their entry date).

Now a days, every visitor on B1 or B2 getting a six month entry. So this is fine.

They want to go on a cruise to the Caribbean from May 22 to May 29. Will they have a problem coming back given it's so close (2 days away) to the date on their visa stamp?

Their visa is NOT ending in May' 16. Its the I94 which is ending. Every time you go out of USA, your I94 expires/invalidated & you need to re-apply for a new I94. So, upon return from Caribbean, they will get a new I94 with a different expiry date - which may be May 31 or Nov 31.

They need to be prepared to respond to questions that their visit to Caribbean is not with intention to extend the stay

We've already filed for them to extend their stay for another 6 months, but may not get the response before they go on a cruise.
However, we can provide a return ticket to their home country on May 30. Any advice would be well appreciated!

Yes, a return ticket may be helpful, in case if they are questioned upon return from Caribbean.

[daggit]

It's risky to seek an extension for anything other than medical emergencies. If they stay past their i94 expiration and extension is denied, their visa will be invalidated.

I suspect CBP doesn't like B2 visitors going to the Caribbean to circumvent i94 expiration. That being said, they're currently good to stay till May 31.

[Libra_14]

It's risky to seek an extension for anything other than medical emergencies. If they stay past their i94 expiration and extension is denied, their visa will be invalidated.

I suspect CBP doesn't like B2 visitors going to the Caribbean to circumvent i94 expiration. That being said, they're currently good to stay till May 31.

Daggit, But the extension application is also being filed.

[daggit]

Daggit, But the extension application is also being filed.

I know; my point was.. it's risky barring a genuine emergency.

[Libra_14]

I know; my point was.. it's risky barring a genuine emergency.

That's correct.