08 Apr 2021

I am a U.S. citizen, and I filed an I-130 for my mother. She would like to visit me on her B-2 visa for a few weeks. She has no desire to apply for adjustment of status, as she needs to go back to India to take care of some things before getting her green card. Is it ok for her to come on her B-2?

Answer Technically speaking, there is no rule that prohibits a foreign national with an approved immediate relative I-130 petition from requesting admission in B-2 status. However, CBP has the discretion to deny admission based on immigrant intent. And, unless the individual can provide a compelling reason...

18 Mar 2021

My father is in the U.S. in B-2 status, and his I-94 expires in a couple of weeks. His B-2 visa stamp expires next month. If he applies for a B-2 extension, can he request an end-date beyond the expiration date of the visa stamp?

Answer Ordinarily, the B-2 visa "stamp" must be valid at the time the person requests admission into the United States in B-2 status. Once the person is already in the U.S. in B-2 status, the visa expiration date has no impact on the individual's status. Similarly,...

18 Mar 2021

I am filing an I-539 application to request an extension of B-2 status. Do I need to include an I-134 form with my application?

Answer No, an I-539 applicant is not normally required to include an affidavit of support (form I-134) with the application. (18.Mar.2021)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services, click here. Access more FAQs here. Copyright ©...

04 Feb 2021

I applied for a B-2 visa a few years ago to attend a wedding. The visa was approved, but I unexpectedly had to remain in India. I have yet to use the visa, but now wish to enter to visit my son in the U.S. Do I need to get a new B-2 visa?

Answer In most cases, a B-2 (or B-1/B-2) visa is issued for 10 years with multiple reentries permitted. Assuming the visa is still valid, it typically can be used to request admission for any permissible B-2 activity (which includes visiting a relative).  (04.Feb.2021)Sheela Murthy and other...

30 Dec 2020

My employer wishes to sponsor me for an L-1 position, but I am not able to get an appointment at the consulate. Can I enter on my B-1 visa and then apply for a change to L-1 status?

Answer Generally speaking, a foreign national is not permitted to enter the U.S. on a B-1 visa with the intention of applying for a change of status. (30.Dec.2020)Sheela Murthy and other senior attorneys provide guidance that clarifies the law. For information on our FREE online services,...