Legal Question in Immigration Law in Connecticut

My wife in F2 status, her parents immigrated to US, now our visas expired, what is the risk of F2 visa denial when we travel home?

I am in regular F1 status (2nd year PhD after MS), my wife is in F2 status, we are together in US for more than a year. Our F-1/F-2 visas have expired although our I-20 is valid through 2019.

My wife was part of an immigration petition when she faced F-2 visa interview. She mentioned everything in DS-160 form. She was granted the visa, no question asked. After she came to US, that petition was processed and her parents were given visas. Now they are in US. My wife does not have any immediate relatives in the home country.

Since our visas have expired, we will need new visas for traveling our home country.

(1) Since my wife's parents are now in US, how much does it affect her "intent of non-immigration"?

(2) How much is the risk of her F-2 visa denial?

Thanks.


Asked on 11/26/13, 10:30 am

1 Answer from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

If the U.S. Consulate determines that you & your wife have been out of status for 6 months or more, you will be denied new, non-immigrant visas & you both would face a bar to re-entry.

Your wife's parents being in the U.S. in non-immigrant visa status should have no affect on her application, since that is only a temporary status & requires them to return home, as well.

Read more
Answered on 11/26/13, 2:42 pm


Related Questions & Answers

More Immigration Law questions and answers in Connecticut