Derivative visas are typically issued to family members or dependent children of a primary visa holder, allowing them to accompany or join the primary visa holder in the United States. These visas are typically tied to the primary visa beneficiary’s status and are granted based on their relationship to the primary visa holder.
For instance, if an individual receives an H-1B visa to work in the U.S., their spouse, and unmarried children under the age of 21 might also be eligible to obtain derivative visas (in this case, H-4 visas) to accompany their parents and live in the U.S. Derivative visas of this kind are generally limited to spouses and unmarried children under 21 years old. But what if your family or household looks different? That’s where the B-2 visa classification for “household members” comes in.
B-2 Visa Classification for Household Members
Typically, the B-2 visa is a nonimmigrant visa for temporary visitors to the U.S. for tourism purposes. The B-2 visa is commonly used for travel, visiting family members or friends, participating in social activities, or receiving medical treatment.
However, in specific instances, the B-2 classification may also be used for “household members” of long-term nonimmigrant visa beneficiaries who may not be eligible for a derivative visa.
According to the Foreign Affairs Manual (FAM) which sketches out the rules and procedures that guide the Department of State (DOS) includes a special provision for:
- Persons like cohabitating partners
- Extended family members and other
- Household relatives who are not eligible for derivative status
The FAM maintains that “B-2 classification is appropriate for aliens who are members of the household of another alien in long-term nonimmigrant visa status, but who qualify for derivative status under that visa category.” In this case, long-term nonimmigrant status refers to particular work visas such as:
- H-1B Specialty Occupations
- L-1 Intracompany Transferee visas as well as the
- F-1 Student visa
What Does Household Member Mean?
In order to qualify as an eligible household member, the applicant will need to prove that they live in the same household as the primary visa holder and that they maintain a close relationship. For example, eligible household members include:
- Elderly parents
- Cohabitating parents or even
- Parents of F-1 Student visa holders who are minors
Note that roommates or more casual relationships or friendships do not qualify as household members under the B-2 visa classification.
How Much Time Is Allotted to a Household Member to Remain in the U.S with a B-2 Visa
Household members under the B-2 visa can be authorized to stay in the U.S. for up to one year, which is longer than the original six-month period issued by the U.S. Customs and Border Protection (CBP) officials at a U.S. port of entry. After this initial period, the individual can apply for extensions of six months at a time.
Will It Benefit Me Speaking to an Immigration Attorney
Seeking advice from an immigration law expert will help you better understand if you are eligible for a B-2 visa as a household member. Feel free to contact The Gambacorta Law Office at 847 443 9303, before you file a B-2 Household Members application for a household member.