QUESTION

Can my wife live legally in US during the period of applying for a status change?

Asked on Jun 11th, 2012 on Immigration - Texas
More details to this question:
I am in F1 status, and my wife is in B2 status. Her B2 visa is valid until Sep 15. If she applies for F2 status in August 20, since the processing time may be longer than the days left in her visa, can she live in us legally until her F2 be issued?
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6 ANSWERS

Business Law Attorney serving Atlanta, GA at Elkhalil Law, P.C.
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Once she file the change of status, she should be OK.
Answered on Jun 14th, 2013 at 1:23 AM

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U.S. Immigration and Nationality Law Attorney serving San Diego, CA
Partner at Kazmi & Sakata
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Yes.
Answered on Jun 14th, 2013 at 1:12 AM

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Yes, as long as her change of status is filed while she is still in status (before her I-94 expires) she can remain in the US while the change of status is pending. Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
Answered on Jun 21st, 2012 at 4:46 PM

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Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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As long as her I-90 has not expired, she should be fine. However, I strongly suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your case. He/she would then be in a better position to analyze you case and advise you of your options.
Answered on Jun 21st, 2012 at 11:33 AM

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Immigration Law Attorney serving San Francisco, CA at Richard S. Kolomejec
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Yes. Your wife can stay in the US during the time the case is being processed (as long as she filed while she was still in status).
Answered on Jun 20th, 2012 at 6:57 PM

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As long as she submitted the application while she was still in status, she will be considered in status during the pendency of the application.
Answered on Jun 20th, 2012 at 6:39 PM

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