The US Embassy in India issued a stern reminder for international visitors, including Indians, who may be planning to visit America. This comes at a time when authorities in the United States have repeatedly been mounting strict declarations that having a visa is a privilege and not a right.
In its latest social media advisory, the US Embassy in India said that the length of a visa-holding international visitor’s stay in the United States is decided by the Customs and Border Protection (CBP), and not by one’s visa expiration date.
Full statement by the US Embassy in India
“Reminder! The length of time an international visitor is allowed to stay in 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” at https://i94.cbp.dhs.gov.”
More information for international travellers visiting the US
According to the official website of the Department of Homeland Security, Form I-94 or Arrival/Departure Record is issued to foreign nationals who are either admitted to the US, adjusting status while in the US or extending their stay in the country.
The website outrightly states, “All persons need a Form I-94 except U.S. citizens, returning resident aliens, aliens with immigrant visas, and most Canadian citizens visiting or in transit. Air and sea travelers will be issued I-94s during the admission process at the port of entry.”
And so, CBP attaches the said form to the visiting nonimmigrant’s passport as they enter the United States. The traveller is required to leave the country on or before the departure date, also referred to as the “Admit Until Date,” stamped on the Form I-94.
Length of Stay in US determined by authorities
To check how much longer you can remain in America, view your current compliance status by heading over to the DHS’ I-94/I-95 Website, which documents travel record for US visitor. By entering your traveller information on https://i94.cbp.dhs.gov/search/compliance-search, you will get the necessary details.
Despite having all formal documentation in hand, certain individuals have become the subjects of a seemingly endless trail of headlines on being detained at the airport itself, and subsequently deported to their home country.
Even if you have valid travel documents, customs officers can stop and search you at the scene and assess whether you’re allowed into the US. According to the ACLU of Pennsylvania, customs officials are allowed to search your belongings for contraband. In some cases, such searches may be conducted even if there’s nothing suspicious about you.
Wrongful traveller detentions have especially become an anxiety trigger for flyers in the US. In an official release, the State Department’s website previously addressed the issue, stating that in such cases the first US government authority to be in contact with a detained person is expected to be a consular officer from the US Embassy or consulate from within the district where the person is located.
The website notes, “The immediate consular priority overseas is to ensure that detained U.S. nationals have access to a consular official and are treated in accordance with international, domestic, and foreign law, including human rights law.
“Our obligations under the Privacy Act of 1974 as well as Department policies may limit what we can share about any detained U.S. national with others, including family, friends, Congressional staff, and the media. If possible, consular staff will ask your loved one to sign a form, which specifies whom U.S. government officials may contact and to whom they may release information about your loved one under the Privacy Act.”
It further detailed that family members are key sources of information in such instances, as they may know the details about the person’s purpose of travel, itinerary, background another issues.
“When the Secretary determines an individual has been wrongfully detained, various offices throughout the State Department and other U.S. government agencies will work collaboratively with colleagues inside and outside the government to develop a strategy to secure their release,” the website added.