Generally, the visa for business or visa for pleasure, commonly referred to as the B1/B2 visa, is valid for a duration of 10 years in India based on visa reciprocity. Visa applicants wishing to renew their B1/B2 visas may use the drop-box facility if the most recent B1/B2 visa is valid or if it has expired within the last 12 months (prior to the date of filing for the visa renewal). The visa applicant must meet other conditions. All others who are not eligible for the drop box option are required to appear for an in-person visa interview to renew the B1/B2 visa.

We at Murthy Immigration Services Private Limited (MISPL) have noticed a new trend. Many visa applicants seeking a renewal are being asked to attend an in person interview. The reason is based on the length of time the person had remained in the U.S.

If a visa applicant had previously extended the stay in the U.S. and even if the visa applicant had obtained an approval of the B1/B2 status extension from the USCIS, the visa applicant has a much higher risk of not being able to obtain another B1/B2 visa at the U.S. Consulate. While it is legally permissible to extend one’s stay in the U.S. pursuant to filing a timely extension of status with the USCIS, we urge visa applicants to avoid using this option.

We have also observed another trend. This is in situations where the B1/B2 visa applicant had travelled to the U.S. and spent a few months pursuant to a valid I-94 card and within the timeframe allowed under the I-94 card, to remain legally in the U.S. Even in such cases, the visa applicant has an increased risk of not being able to obtain the B1/B2 visa extension.

In today’s climate under the Trump administration, consular officers tend to use their discretion to deny such B1/B2 visa applications. Section 214(b) of the Immigration and Nationality Act presumes that all non-immigrants are intending immigrants. Hence, a person staying for more than a few weeks must overcome the automatic presumption under the law.

It is important to understand the U.S. officers’ perspectives on who is a “visitor” for business or pleasure. Many Americans feel that a visit should be for a few days or at most a few weeks. When the visit is for several months, the general feeling is that such a person is no longer a “visitor” and obviously cannot have strong family or business ties to the home country.

We do not know if B1/B2 extension requests based on medical or family emergencies will provide any assurance of obtaining a future B1/B2 visa extension. It is advisable to consult with an experienced immigration attorney in the U.S. prior to extending one’s status in the U.S.

We will continue to share trends of visa denials and other updates that we at MISPL observe based on clients feedback.