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Need Information on Recent Changes in B2 Visa Provisions & its usage

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  • Need Information on Recent Changes in B2 Visa Provisions & its usage

    Hello.

    Before my query I would like to post that-:

    1. 10th October 2014 changes were made in Foreign Affairs Manual -:

    9 FAM 41.31 N14.4 Cohabitating Partners, Extended Family Members, and Other Household Members not Eligible for Derivative Status
    (CT:VISA-2195; 10-14-2014)
    The B-2 classification is appropriate for aliens who are members of the household of another alien in long-term nonimmigrant status, but who are not eligible for derivative status under that alien's visa classification. This is also an appropriate classification for aliens who are members of the household of a U.S. citizen who normally lives and works overseas, but is returning to the United States for a temporary time period. Such aliens include, but are not limited to the following: cohabitating partners or elderly parents of temporary workers, students, diplomats posted to the United States, and accompanying parent(s) of minor F-1 child-student. B-2 classification may also be accorded to a spouse or child who qualifies for derivative status (other than derivative A or G status) but for whom it may be inconvenient or impossible to apply for the proper H-4, L-2, F-2, or other derivative visa, provided that the derivative individual intends to maintain a residence outside the United States and otherwise meets the B visa eligibility requirements. If such individuals plan to stay in the United States for more than six months, they should be advised to ask the Department of Homeland Security (DHS) for a one-year stay at the time they apply for admission. If needed, they may thereafter apply for extensions of stay, in increments of up to six months, for the duration of the principal alien's nonimmigrant status in the United States.

    Consular officers should consider annotating to indicate the purpose and length of stay in such cases.

  • #2
    question

    situation--:

    nationality: indian

    elder brother: green card (f1--> h1b --> green card)
    mother: b1/b2 10 year
    father: passed away in 2012. had b1/b2 10 year.
    me: b1/b2 10 year granted in early 2013


    now, i have recently got admit from a top 10 us mba university.
    i have been living with my mother in the same household for the last several years.

    a. can i use the above provision to get my mother's b1/b2 annotated with my f1 as principal non-immigrant?

    b. will she able to get continuous extension throughout my studies?

    looking forward to your views as what can be done to increase chances.
    earlier threads have also mentioned this provision, but success/failure either was not reported.

    last line .. referring to special annotation by consular officers to Foreign Affairs Manual was added recently.

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