UNDERSTANDING THE UNITED STATES’ B-2 VISA FOR HOUSEHOLD MEMBERS

US B-2 VISA FOR HOUSEHOLD MEMBERS

Introduction

Most visa types allow people from other countries to work or study in the United States for a while, and they also have special visas for their family members to come along. For example, if someone gets an H1-B visa to work in the US, their spouse can get an H-4 visa to stay with them, usually for the same time. These special visas are usually only for spouses and kids under 21.

The point is when someone from another country gets a non-immigrant work visa to live and work in the US; they often have to move here for a while. It makes sense that they would want their family to come too. If you are the spouse or kid of the main person with the visa, it is easy for you to get a visa, too, and come to the US with them.

But what if there are other people in the person’s home, like a sibling or parent, who want to come too? How do they get their own visa so they can come with their loved ones to the US?

The US government’s State Department and Homeland Security have noticed that not every family fits into this strict definition, so they have made it easier for other family members to join someone on a B-2 visa for a longer stay.

Read on to get useful guidance on how to get B-2 visas for household members who do not qualify for derivative status.

An overview – US B-2 VISA FOR HOUSEHOLD MEMBERS

The Foreign Affairs Manual (FAM) that explains the rules and steps for how the Department of State (DOS) runs things includes a special section for people who live together but aren’t officially related.

According to the FAM, if someone is part of another person’s home but doesn’t get the same benefits as a family member, they might qualify for a B-2 visa. This visa is for people who are in the same home as another person who is staying in the US for a long time but doesn’t have the same visa as them.

The FAM gives examples of when someone might get a B-2 visa, like if the other person is in H1-B, L-1, or F-1 status. It also says that a person with a B-2 visa can stay for up to a year instead of the usual six months that US Customs and Border Protection (CBP) usually lets them stay. After that, they can ask to stay for another six months at a time.

The meaning of household members

The DOS mentions that people who can be part of this group include partners living together, older parents, and the parents of students who are in the F-1 program.

No matter who they are, the person applying needs to show the consular officer that they are living together in the same place abroad and that they are really close. This B-2 visa is not for just roommates or people who aren’t that close.

What is the B-2 visa?

The B-2 visa category is for tourists, people shopping, and friends or family visiting the US. It also includes folks coming for medical care or to attend conferences or events not related to work. Rarely does it cover family members of people from other countries who work on ships or in the military.

Also, the B-2 visa can be used by the family of someone who is not a permanent resident but doesn’t qualify for other visa types, like an L-1 worker’s partner or an H1-B visa holder’s older parent.

For example, if you live together, you can get the same rights as a married couple if your relationship is legally recognized as equal and gives you all the same rights and responsibilities as a traditional marriage.

If it doesn’t meet this criterion, you can still use the B-2 visa to come to the US with your partner, as long as you meet all the B-2 visa requirements. If you are coming for something other than sightseeing, like medical care, you must show proof from your doctor and details about your plans with US medical facilities.

You are visiting friends or family in the US, you will usually need a letter from the person you are visiting to say you are coming to see them. The reason for your visit and how you will support yourself while you are there must match.

For example, if you are coming to the US to see friends for six months, you might need more than a few hundred dollars to do so, and you will need to show that you can support yourself during your visit, like with bank statements or statements from people who can back up your support.

Things that can make one eligible for the B-2 visa?

If you are a household member visiting the US on a B-2 visa, you usually need to have a home abroad and come to the US for fun stuff like sightseeing, going on vacation, hanging out with family or friends, chilling, getting medical care, and joining in on group activities. The B-2 visa lets you do a bunch of things, like:

• Traveling for fun.
• Going on holiday.
• Spending time with family or friends.
• Getting medical help.
• Joining in on group events with fraternal, social, or service groups.
• Trying out a short, non-credit course for fun, like a two-day cooking class while you are on holiday.

If you are not sure if you meet the requirements for a B-2 visa for your household members, you can get in touch with our immigration lawyers for help.

Additional Criteria | US B-2 VISA FOR HOUSEHOLD MEMBERS

If a B-2 family member plans to stay in the US for more than six months or a year, they can’t just stay. Just like other B-2 visa people, they need to show they are not planning to stay forever.

The person checking them at the US border, like a consular officer or a CBP officer, has to be sure they are only staying temporarily and that they want to go back to their home country. This rule also applies when they are trying to get their stay extended with the US Citizenship and Immigration Services (USCIS).

So, even if the household member is coming with someone who is on an H1-B or L-1 visa and plans to move to the US, they still need to prove they don’t want to stay permanently.

The immigration intention needed for a B-2 visa

When thinking about changing your status or getting more time to stay in the US, whether you are living with someone or another family member, it is important to remember that the US only allows you to stay for a certain period, not how long you stay or how many times you can extend your stay.

You need to show that you are only coming to the US for a short time, not to stay forever. This is especially true if you are applying for a B-2 visa, which means you are coming to the US to visit or work temporarily.

Even though USCIS has to look at your application for a B-2 visa on its own, if they find out that the person you are living with or working with doesn’t plan on leaving the US, that is a big red flag.

For example, if you have already applied for a green card, which is a step towards becoming a permanent resident, that could make it harder for you to get your visa extended or changed. This is because USCIS might decide to end your stay if they find out you are planning to stay in the US forever.

Things to keep in mind –  US B-2 VISA FOR HOUSEHOLD MEMBERS

When deciding if a partner, parents, or other family members can get a B-2 visa to live with someone on a long-term visit, here are some things to keep in mind:

• Living in the US for a long time doesn’t automatically mean you’re supposed to be here long-term. If you’re with someone who isn’t supposed to be here, it doesn’t mean you can’t stay for a while. However, when officials check your papers, they’ll assess how connected you are to your home country and how likely you are to stay without permission after the person you’re with leaves.

USCIS officials will examine how strong your relationship is with the person you’re with and how connected they are to their home country.

If you’re with someone who isn’t supposed to be here, your stay might be shorter than planned. You can stay up to a year without getting in trouble, but typically, you’re allowed only six months at a time.

So, you will probably need to ask for more time to stay here, and you can get more time to stay here in six-month chunks. To make sure you get the most time you can stay here, ask the immigration officer at the border for a year when you first apply. Also, make sure you ask for more time to stay here on time so you don’t get in trouble, especially because there is a rule that says you can’t stay here for more than three years.

What happens after approval?

If a consular officer gives a B-2 visa foil (also known as a visa “stamp”) to someone in the family, the officer can write down the person’s name, the type of visa, and how long they can stay as a visitor.

But, if the person already has a valid B-2 visa, they don’t need to apply again to get a visa with these notes.

Get help! – US B-2 VISA FOR HOUSEHOLD MEMBERS

At Gehi and Associates, we have some really skilled immigration lawyers on hand to help you out with the B-2 visa application for your household members.

Getting an immigration lawyer can simplify the whole process of extending the stay of your household members in the US. If you have any questions about what you need to do, just connect with us. We will be excited to hear from you!