Immigration officers, not visa, decide legal US stay for Indian visitors

The US Embassy in India says the length of stay is fixed by a border officer on arrival and recorded on the I-94 form

The length of time an international visitor is allowed to stay in the United States is decided by a Customs and Border Protection officer at the port of entry, not by the visa’s expiry date, the US Embassy in India said on Thursday.

 

The clarification comes amid tighter screening and repeated reminders to visa holders about compliance rules.

 

Embassy’s reminder on visa rules

 

In a post on X, the embassy said: “Reminder! The length of time an international visitor is allowed to stay in the United States is determined by the Customs and Border Protection officer upon arrival, NOT the visa expiration date. To see how long you can stay, check your I-94 ‘Admit Until Date’.”

 

The embassy has regularly used social media to flag compliance issues. On June 19, it wrote that a US visa is “a privilege, not a right” and warned that screening does not end once a visa is issued.

 

What is the I-94 form

 

The I-94, or Arrival/Departure Record, is the official document that shows a traveller’s lawful entry into the US and how long they are permitted to stay. It records the date until which a person is allowed to remain in the country or, in some cases, shows “D/S”, meaning duration of status.

 

Issued electronically by Customs and Border Protection for air and sea arrivals, and sometimes as a paper form at land borders, the I-94 also records a visitor’s immigration category, such as B-2 tourist or F-1 student. It is used to confirm legal stay, prove immigration status, apply for benefits, or complete employment verification.

 

What visa holders need to remember

 

• Overstaying even by a few days can lead to visa revocation

• Visa overstays may result in detention and a possible 10-year ban from the US

 

Deportations of Indians from the US

 

Union External Affairs Minister S Jaishankar told the Rajya Sabha last week that 3,258 Indian nationals have been deported from the United States since January 2025, the highest number recorded in a single year since 2009.

 

In a written reply, Jaishankar said that of the 3,258 deportees, 2,032 people, or 62.3 per cent, travelled on regular commercial flights, while 1,226, or 37.6 per cent, were transported on charter flights operated by Immigration and Customs Enforcement or US Customs and Border Protection.

 

Expanded screening for visa applicants

 

The US government has widened screening and vetting measures for all visa categories, including tourists, H-1B workers and their H-4 dependants. Applicants are being directed to keep the privacy settings on all their social media profiles set to public.

 

Students and exchange visitors have already been subject to similar checks under existing rules.