USCIS Policy Memorandum Addresses B-2 Status for "Household Members" of Nonimmigrant Visa Holders
On August 17, 2011, United States Citizenship and Immigration Services (USCIS) issued a Policy Memorandum (pdf) to its staff concerning nonimmigrants regularly residing in the same dwelling as a principal nonimmigrant (i.e., a visa holder who is in the United States on a status such as H-1B or F-1). The Memorandum clarifies that nonimmigrant spouses, children, parents, cohabitating partners, and other “household members” of principal nonimmigrants may seek B-2 visas, or change their status to B-2, to allow them to reside with the principal nonimmigrant visa holder for the duration of their authorized period of stay. The Memorandum defines a “household member” of a principal nonimmigrant as “an alien who regularly resides in the same dwelling as the principal nonimmigrant and with whom the principal nonimmigrant maintains the type of relationship and care as one normally would expect between nuclear family members.”
Pursuant to the Memorandum, USCIS will examine the B-2 visa applicant’s relationship to the principal, and the relationship will be considered a favorable factor when determining whether the applicant should be awarded, or have extended, a B-2 visa. Multiple extensions or a change of status will not negatively impact applications if the stay’s duration remains finite. However, if the applicant seeks a visa or extension with a date that goes beyond the expiration date of the principal’s visa, this will negatively impact the application, and will likely result in a denial.
Under a B-2 visa (nonimmigrant visitor), a qualifying individual can enter the United States for pleasure, tourism, or medical treatment. The individual’s stay in the United States must be for a specific, limited period (normally, visitors are limited to a six-month stay unless they applied for an extension upon entering the United States). Moreover, B-2 visa holders must demonstrate that they have:
- sufficient funds to cover their visit;
- social and economic ties abroad; and
- a residence outside the United States and other binding ties that insure they will return abroad after their visit is complete.
To extend, or change to, B-2 visa status, applicants must complete Form I-539 (Application to Extend/Change Nonimmigrant Status). USCIS provides guidance materials for those wishing to extend their B-2 visa, or change to B-2 status.
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