Legal Question in Immigration Law in Illinois

F2 Question

I came to the US on an F1 visa to get a Master's degree. After I got it, I got married to a woman from my country, who also came here on an F1 to get a Master's degree. She now is in a Ph.D. program, and I switched my visa to an F2. She has the usual Ph.D. assistantship, which barely covers our expenses.

Although we didn't plan it, my wife is pregnant. The future expenses of giving birth and raising a baby are beyond what we can afford. It is obvious that we will be under severe economic hardship. My wife is busy with school and with her assistantship duties. Additionally, as the pregnancy develops, she'll get progressively more tired.

Given the facts above, my questions are these. Will the INS grant me an economic hardship work permit? Are these restricted to F1 visa holders only ? What more evidence do I need to submit to the INS to support my need for an economic hardship work permit?

Thank you very much.


Asked on 4/09/04, 3:42 pm

2 Answers from Attorneys
Myron Morales Lee Lane Smith LLP

Re: F2 Question

You could try to get the hardship work permit. However, since you do have a Master's degree, also consider looking for an employer that would sponsor you for an H-1B.

[email protected]

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Answered on 4/12/04, 9:20 am
Neena Bohra Law Offices of Neena Bohra

Re: F2 Question

Why did you change your status to an F-2 rather than an H-1B? If you had difficulty finding a job in your field, I suggest you continue looking as the H is your best option.

As a favor to you (due to your wife's circumstances and her pregnancy), I may consider sending your resume to a few clients to see if they have an opening.

You may email it to me.

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Answered on 4/12/04, 10:29 am


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