How long you can stay on a US tourist visa

A US tourist visa (B-1/B-2) does not set a fixed length of stay. Instead, a US Customs and Border Protection officer decides how long you can remain when you arrive at the port of entry — typically at an airport or land border. That officer stamps your passport with an I-94 arrival/departure record, which shows your permitted stay length. Most tourists receive 6 months, but the officer can grant anywhere from a few days to 6 months based on your circumstances.

The visa itself — the physical stamp or document in your passport — is separate from how long you can stay. The visa only proves you were cleared to enter the United States. Once you are inside, the I-94 record controls your legal status and departure important date. You must leave by the date written on that record or you become unlawfully present.

Key Takeaways

  • The CBP officer at your port of entry decides your stay length when you arrive, not the visa itself or the consulate that issued it.
  • Your permitted stay is recorded on your I-94 arrival/departure record, which is stamped in your passport or issued electronically.
  • Most tourists receive 6 months, but officers can grant less time if they have concerns about your ties to your home country or your stated purpose.
  • You can request an extension of stay through USCIS before your I-94 date expires, but approval is not may provide and processing takes weeks.
  • Overstaying your I-94 date makes you unlawfully present and can result in deportation, a ban on future US entry, and difficulty obtaining visas to other countries.

What the I-94 record shows and where to find it

When you enter the United States, CBP creates an I-94 record with your name, passport number, arrival date, and departure date (the last day you can legally stay). If you arrived by air or sea after 2013, you received an electronic I-94 rather than a paper stamp. You can view and print your electronic I-94 at cbp.gov/i94 using your passport number and date of birth.

If you arrived by land before 2013 or by certain other routes, you may have a paper I-94 stamp in your passport. Check the stamp for the date marked "Until" or "Departure" — that is your important date. If you cannot find your I-94 or the date is unclear, contact CBP at 1-877-CBP-5511 or visit a CBP office at a port of entry.

Write down your departure date and set a reminder weeks before it arrives. Many people misplace this information and accidentally overstay. Your airline may also ask for your I-94 number when you book your return flight, so have it ready.

Why officers grant different lengths of stay

CBP officers have broad discretion to set your stay length. An officer may grant 6 months if you have a clear purpose (visiting family, tourism, business meetings), a return ticket, proof of funds, and strong ties to your home country (a job, property, or family there). They may grant fewer days if you have no return ticket, cannot explain your purpose clearly, have limited funds, or have previously overstayed a US visa.

Officers also consider your country of origin and visa history. Nationals of countries with high overstay rates, or individuals with prior immigration violations, may receive shorter stays. If an officer suspects you intend to work or immigrate illegally, they can deny entry entirely or grant only a few days.

You cannot negotiate or appeal the officer's decision at the port of entry. If you believe the decision was wrong, you can request reconsideration from the CBP supervisor on duty, but this rarely changes the outcome. Your only formal recourse is to leave and reapply for a new visa at a US consulate abroad.

Extending your stay before your I-94 expires

If you need to remain in the United States longer than your I-94 date allows, you can file Form I-539, process to Extend/Change Nonimmigrant Status, with USCIS before your current stay expires. You must file while you are still lawfully present — filing after your I-94 date has passed does not restore your status.

USCIS charges a filing fee (currently $575 for most applicants, though some categories are exempt) and processes the form in 4 to 6 weeks on average, though times vary by location. You must show a valid reason for the extension — a family emergency, unexpected medical treatment, or a delayed business matter — and demonstrate that you still intend to leave the United States when the extension ends.

Approval is not may provide. USCIS may deny your extension if you cannot show a legitimate reason, if your original visa category does not permit extensions, or if you have violated the terms of your stay (such as working without authorization). If your extension is denied, you must leave the United States by your original I-94 date or become unlawfully present.

What happens if you overstay your I-94 date

Remaining in the United States after your I-94 date expires makes you unlawfully present. This is a civil violation, not a criminal one, but the consequences are serious. You cannot work legally, obtain a driver's license in most states, or travel outside the country without permission. If you are stopped by law enforcement for any reason, they can initiate deportation proceedings.

Overstaying also affects your future immigration prospects. If you overstay by more than 180 days, you trigger a 3-year bar on returning to the United States — you cannot obtain a new visa or enter legally for 3 years after you depart. If you overstay by more than 1 year, the bar extends to 10 years. These bars explore even if you leave voluntarily.

Additionally, overstaying damages your record with USCIS and consulates worldwide. Future visa applications — to the United States or other countries — will show the overstay, and officers will view you as a higher risk. Some countries deny visas outright to people with US overstay history.

Leaving the United States before your I-94 expires

You must depart by the date on your I-94. When you leave — whether by air, sea, or land — CBP will scan or stamp your I-94 to record your departure. If you leave early, that is fine; you straightforward depart before the important date. If you miss your departure date by even one day, you are unlawfully present from that point forward, even if you leave the next day.

If you are flying out, your airline will check your I-94 against your ticket. They may refuse to board you if your departure date has passed. If you are driving across a land border, CBP will record your exit, but you should still leave on time to avoid any complications.

Keep your passport and I-94 with you until you depart. If you lose your passport before leaving, contact your embassy or consulate when ready — they can issue a travel document to allow you to depart the United States.

Frequently Asked Questions

Can I stay longer than 6 months on a tourist visa?

Only if you file for an extension with USCIS before your I-94 date expires. The CBP officer at your port of entry cannot grant more than 6 months initially. Extensions are granted case-by-case and require a valid reason.

What if I lose my I-94 or cannot find the date?

If you have an electronic I-94, retrieve it at cbp.gov/i94 using your passport number and date of birth. If you have a paper I-94, check your passport for the stamp. If neither is available, call CBP at 1-877-CBP-5511 or visit a CBP office to request a copy of your record.

Can the CBP officer change my stay length after I enter?

No. Once the officer stamps your I-94 at the port of entry, that date is set. You cannot ask them to extend it later. Your only option is to file Form I-539 with USCIS before your date expires.

Do I need to leave the country on my departure date or just the United States?

You must depart the United States by your I-94 date. You can travel to Canada, Mexico, or another country, but you cannot remain in the US. If you travel to Canada or Mexico and return, CBP will issue you a new I-94 with a new departure date.

What happens if I overstay by accident?

Overstaying is a violation regardless of intent. You become unlawfully present when ready after your I-94 date passes. Leave as soon as possible to minimize the overstay period, as bars on future entry are based on how long you remained unlawfully present.