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  • Immigration status question

    My friend who is Canadian moved to the US with spouse, also Canadian, when the spouse was offered a job in the US. Friend had H4 visa. This year, friend took a trip out of the country. During the trip, spouse lost job and they filed for divorce. Also, during the trip my friend's H4 visa expired. According to my friend, the spouse got another job but refused to renew the H4 visa for my friend. So my friend came back to the US on a B2 visitor's visa. They are finalizing the divorce. My friend wishes to extend the visa stay until their house sells then my friend will return to Canada. My questions are:

    Did my friend violate immigration law when she entered US on visitor visa? Is it possible/practical to request a visa extension if she entered legally?

  • #2
    Originally posted by Godlyatheist View Post
    My friend who is Canadian moved to the US with spouse, also Canadian, when the spouse was offered a job in the US. Friend had H4 visa. This year, friend took a trip out of the country. During the trip, spouse lost job and they filed for divorce. Also, during the trip my friend's H4 visa expired. According to my friend, the spouse got another job but refused to renew the H4 visa for my friend. So my friend came back to the US on a B2 visitor's visa. They are finalizing the divorce. My friend wishes to extend the visa stay until their house sells then my friend will return to Canada. My questions are:

    Did my friend violate immigration law when she entered US on visitor visa?
    No. It's fine to enter on B2 for a temporary stay. (Though technically Canadian citizens don't get US nonimmigrant visas, including B2 or H4. What you probably meant was that they entered on H4 status and left, and their H4 I-94 expired, and they didn't have a copy of the spouse's new H1b petition, so they entered on B2 status.)

    Originally posted by Godlyatheist View Post
    Is it possible/practical to request a visa extension if she entered legally?
    Yes, if there is a legitimate reason to need to stay longer and she plans to leave afterwards.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      Thank you for the detailed response. I will let my friend know.

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