QUESTION
can someone who is out of status here in the US get f2 visa
Asked on Oct 10th, 2013 on Immigration - Florida
More details to this question:
someone who is out of status here in the US is married to someone who is an f1 visa holder the question is can this person who is out of status and already here living in the US file for f2 (dependent of student) visa ? and is there any chance of adjusting his status and become an f2 visa holder
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
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3 Awards
To obtain a change of status to F-2, the applicant must be in valid nonimmigrant status. U.S.C.I.S. does make a few exceptions, but the rule of thumb is that the privilege of change of status requires the maintenance of a current immigration status.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Oct 13th, 2013 at 8:47 AM