The B-2 category includes tourists, persons on shopping trips, and visiting friends or relatives in the U.S. It also includes persons coming to the U.S. to seek medical attention and persons coming to conferences or conventions unrelated to business. Less often, it covers family members of foreign nationals who are crewmen or belong to the armed services. Household members of nonimmigrants who do not qualify for derivative status in other categories (such as an L-1 intracompany transferee’s domestic partner or an H1-B nonimmigrant’s elderly parent) can also use B2 visa for Parents entry into the U.S.

A cohabiting partner, for instance, is eligible for derivative status only if the relationship is recognized under law as being fully equivalent in all respects to traditional legal marriage and grants the parties all the same rights and duties as a traditional marriage. If the relationship fails to meet this standard, the partner (including a same-sex partner) may utilize the B-2 category for purposes of accompanying a long-term nonimmigrant, provided all standards for B-2 classification are satisfied. If the purpose is for something other than touring, such as to obtain medical treatment, the documentation would include letters from the attending physician and other indications of arrangements made with the U.S. clinics or hospitals.

Visits to friends or relatives will usually need to be supported with a letter of invitation from the U.S. host.  The purpose of the visit and the resources of the foreign national visitor must coincide: a six-month visit for touring may require more than several hundred dollars to undertake, and the B-2 applicant must be ready to match the stated purpose with adequate means of support, including personal resources, as demonstrated by bank statements or affidavits of support. 

B2 visitor visa for Parents must generally maintain a foreign residence and visit the United States to engage in a legitimate activity of pleasure, which includes recreational activities such as tourism, amusement, visits with friends or relatives, rest, medical treatment, and fraternal, social, or service activities. Specific activities under the B-2 visa program include: 

1. Travel for tourism
2. Vacation (holiday)
3. Visit with relatives or friends.
4. Medical treatment
5. Participating in social events that are hosted by fraternal, social, or service organizations
6. Participation by amateurs in musical, sports, or similar events or contests, if not being paid for participating.
7. Enrollment in a short recreational course of study, not for credit toward a degree (for example, a two-day cooking class while on vacation)

You can reach out to our immigration lawyers in case you need any assistance in determining the eligibility requirements for a B2 visa for parents.

In determining whether a partner, Parents (or other household members) seeking Status of B2 Visa For Parents to accompany a long-term nonimmigrant meets B-2 standards, the following guidelines should be kept in mind-

Extended stays in B2 Visa status may be considered temporary. As a result, the partner and parents (or another household member) may be living in the U.S. for an extended period with the long-term nonimmigrant is not a bar to B-2 status.

In determining whether the partner and parents (or another household member) has overcome the presumption of immigrant intent, officers should examine the partner’s ties abroad and the likelihood that they will stay in the U.S. unlawfully after the principal foreign national departs. Other factors include the strength of the relationship to the principal foreign national and the principal foreign national’s ties abroad. The DOS guidance emphasizes that the presumption of immigrant intent must be overcome in every B2 Visa for parents case even if the principal foreign national is not subject to the 214(b) presumption (e.g., E, H, and L nonimmigrants).

There are certain procedural hurdles for household members using the B-2 category in these circumstances. Specifically, the initial period of B-2 admission in most cases will not be sufficient to accommodate their planned stay. The maximum initial period of admission in B status is one year, and, in practice, B visitors are normally granted an initial period of admission of six months. As a result, B-2 household members, in most cases, will need to apply for one or more extensions to cover a long-term period stay in the United States. In this respect, B-2 status may be extended in six-month increments. To assure that B-2 household members are granted the maximum initial admission period, they should ask the immigration officer at the port of entry for a one-year stay when they apply for admission. They must also be careful to file for extensions on a timely basis to avoid falling out of status, particularly in light of the 3/10-year bar.

Studying while in B-2 status

The immigration law clearly states that a B visitor cannot engage in studies. A few exceptions to that rule, however, have been carved out by the Immigration Service. First, a tourist in B2 Visa status can engage in a short course of study that is secondary to the primary purpose of his or her trip, e.g., sightseeing or visiting family members. Short course is a course that should not last more than a few months and should not include a degree-granting program such as a college or university would offer. State Department instructions state that a B-2 visa is appropriate for persons planning to study English, as long as the course is under 18 hours per week and is of “short duration.”

Persons seeking enrollment in a recreational school are also classified in the B-2 category since these schools are not eligible to classify their students in the F category. The B2 visitor who knows that he or she will engage in a short course of study incidental to his or her trip can obtain a visa on this basis from a U.S. consulate. The visa will include the notation: “Study incidental to visit; I-20 not required” (Form I-20 is the form issued by schools to indicate that a foreign national has been accepted for a course of study; it normally must be shown by the foreign national to the consulate and at the border).

In the past, it has not been uncommon for U.S. citizens to agree to have foreign nationals enter the United States as “au pairs”–working in their household or caring for young children in exchange for room, board, and the chance to experience and travel through the United States. Typically, the au pair is a young woman, often coming to the United States during a summer vacation from school. The au pair is considered by the Immigration Service to be working in the United States and is therefore barred from using the B-2 category.

Because some fairly common characteristics are the hallmark of the au pair situation, the Immigration Service has developed a “profile” that permits it to screen B-2 visitors for potential au pairs, and it is fairly successful at doing so. Until recently, no alternative category permitted entry to au pairs. However, many exchange visitor programs (the J-1 visa category) have been approved by the U.S. Information Agency to permit au pairs to enter the United States for temporary stays.

How We Can help you to get B2 Visa for Parents ?

At The Law Office of Prashanthi Reddy,PLLC! We are a legal firm specializing in B2 visa for parents. Our team is comprised of experienced attorneys who are dedicated to helping families reunite. We understand the importance of family and want to provide a smooth and stress-free experience during the visa application process. We strive to provide personalized service to make sure you are fully informed and comfortable throughout the entire process. Together, we will work to ensure the best outcome possible while providing you with the knowledge you need to make the right decisions. We are a team of dedicated attorneys and legal professionals specialized in helping our clients with their B2 Visitor Visa For Parents. We understand the complexities involved in the process, and we are committed to guiding our clients through each step of the way. As the premier legal firm in the area, we are committed to providing top-notch services with a friendly, personalized touch. We know that the process can be stressful, so we strive to make it as stress-free and straightforward as possible for our clients. Thank you for entrusting us with your case, we look forward to working with you.

At the Law Offices of Prashanthi Reddy, PLLC, we can advise you on what activities you can and cannot do on a B visa. In addition, we can help you file an extension of your visa and give you general advice on consular processing. You can Also Find latest Immigration news here
For more information, contact The Law Offices of Prashanthi Reddy at prashanthi@reddyesq.com, or call us at 212-354-1010.