More details to this question:
I am under the J1 visa subject to the Two Year Home Residency. My husband will be applying for a F1 visa (he's NOT subject to the two year home residency) and I will be his dependant as a F2. My question is if I need to get a waiver or I can change status based on being his wife?
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
Partner at
Alan Lee & Arthur Lee, Attorneys at Law
3 Awards
A J-1 who is subject to the two-year foreign residence requirement can obtain an F-2 visa from an American consulate or embassy. On the other hand, USCIS restricts such individuals from obtaining a change of status on form I-539 in the US. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (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 Apr 10th, 2021 at 1:47 PM