How Long Can Indian Parents Stay in the U.S.? The 6-Month Rule Explained - Immikare

For many Indian families, parents visiting children in the United States on a B-2 visitor visa has become part of normal life, especially when there are young grandchildren or health needs. A very common question is:

“How long can my parents stay in the U.S. each year? Is there a strict 6-month rule?”

You will often hear advice such as “6 months in, 6 months out,” but that specific formula does not actually appear anywhere in U.S. immigration law. The real rules revolve around the I-94 record, the purpose of the visit, and whether the overall travel pattern still looks like temporary visiting instead of living in the U.S.

This Q&A is written in plain English for Indian parents and adult children, so you can plan visits realistically and avoid avoidable problems at the airport or consulate.

Q&A: Understanding Stay Limits for Indian Parents on B-2 Visas

Q1. Is there an official 6-month per year limit?

No. There is no official “6 months per calendar year” rule in U.S. law.

What exists instead is:

• Each entry should be for a temporary visit.
• The officer at the airport decides how long to admit the visitor and records this on the I-94.
• The visitor must leave or extend before the I-94 expires.

Over time, officers also look at the overall pattern of travel. If it appears that parents are spending most of their time in the U.S. year after year, CBP may decide they are no longer just visitors.

Q2. How long can my parents stay on a single visit?

On a typical trip, Indian parents entering on a B-2 visitor visa are often admitted for up to six months, but this is not guaranteed. Some officers may issue a shorter stay, such as 3 months, depending on the answers given and the overall situation.

The key detail is the I-94 “admit until” date. That date, not the visa expiry date printed in the passport and not the return ticket, controls how long they can stay inside the United States for that particular trip.

Q3. So what exactly is the 6-month rule everyone talks about?

The “6-month rule” is really a community shortcut, not a legal rule. People say things like “If they stay 6 months, they must stay out for 6 months,” but this is not a guarantee.

In practice, officers focus on whether the visits still look temporary:

• If parents are spending more time in the U.S. than in India, it raises questions.
• If every year looks like 5–6 months in the U.S. with only brief breaks in India, it may be viewed as de facto residence.

Q4. How much gap should there be between visits?

There is no officially published minimum gap, but from a practical standpoint it helps if the time in India is equal to or greater than the time in the United States over a rolling 12-month period.

A pattern like this can attract scrutiny:

• Stay 5–6 months in the U.S.
• Return to India for only 1–2 months.
• Come back again for another long stay.

While it is not automatically illegal, it can cause officers or consular staff to question whether the parents are really just visiting.

Q5. Can my parents stay for more than six months on one trip?

Sometimes, yes. If more time is genuinely needed—for example, to help with a birth, surgery, or recovery—parents can apply to extend their stay by filing Form I-539 with USCIS before their current I-94 expires.

USCIS may approve an extension if the reason is temporary and well documented. However:

• Frequent or back-to-back extensions can make future entries harder.
• Even if the extension is approved, airline and consular officers may look closely at future travel plans.

Q6. Can long stays affect future visa stamping in India?

Yes. When parents go for a new visitor visa or renewal, the consular officer can see past U.S. travel.

The officer may ask:

• How long did they stay on each trip?
• How often did they return to India, and for how long?
• Do they still have strong ties to India—home, finances, family, responsibilities?

If the pattern looks like they are effectively living in the United States using a visitor visa, there is a higher risk of refusal at the consulate.

Q7. What is a safer pattern for regular visits?

There is no one-size-fits-all formula, but many families adopt a pattern such as:

• Shorter visits of 2–4 months at a time; or
• Occasional longer visits, balanced by significantly more time spent in India.

The main idea is that your parents’ center of life should clearly remain in India if they are using a visitor visa. That means housing, savings, medical care, and social ties primarily based in India.

Q8. Do tax rules matter if my parents spend long periods in the U.S.?

Yes, they can. U.S. tax rules include something called the Substantial Presence Test, which can treat someone as a U.S. tax resident if they spend enough days in the country over a three-year period, even if they hold a visitor visa.

Tax residency is separate from immigration status, but it can create complex reporting and filing obligations. If your parents routinely spend long periods in the U.S., it is wise to speak with a qualified tax professional.

Q9. What happens if my parents accidentally overstay their I-94 date?

Overstaying the I-94 date is one of the most serious mistakes visitors can make. Consequences can include:

• More than 180 days but less than one year: May trigger a 3-year bar on returning once they depart.
• One year or more: May trigger a 10-year bar on returning after departure.

Even shorter overstays can create trust issues and make future visits and visas harder. Always check the I-94 online and set reminders well before the expiration date.

Q10. What if my parents really want to live most of the time in the U.S. now?

If the genuine goal is to spend most of their remaining years in the United States, trying to stretch a visitor visa is not a safe long-term strategy. Instead, you may want to explore whether a green card path is available.

For example, if you are a U.S. citizen, you may be able to sponsor your parents for permanent residence. If you are still on H-1B or another temporary status, options are more limited until you obtain a green card or citizenship.

Using a visitor visa to approximate permanent residence can lead to increased scrutiny, shortened admissions, or even denials.

Key takeaway: There is no magic 6-month-per-year rule in U.S. law. What really matters is that each visit remains temporary, the overall pattern still looks like visiting rather than living in the United States, and your parents carefully follow their I-94 dates to avoid overstays.

Disclaimer: This blog is for general informational and educational purposes only and does not constitute legal or tax advice. Immigration and tax situations are highly fact-specific, and the guidance here may not apply to your particular circumstances. For advice tailored to your case, please consult a qualified U.S. immigration attorney and, where appropriate, a tax professional.