The USCIS on August 17, 2011 issued a policy memorandum regarding officer adjudication of B-2 applications by cohabiting partners or family members of non-immigrants in the U.S., such as family members and partners of F-1 students and H-1B workers. The memorandum pointed out that in some circumstance, elderly parents, cohabiting non-immigrant partners, and other household members of the principal non-immigrant may be ineligible for derivative status. It defined “household member” as aliens who “regularly resides in the same dwelling as the principal non-immigrant and with whom the principal non-immigrant maintains the type of relationship and care as one normally would expect between nuclear family members.” These aliens may apply for B-2 visas, or change whatever status they are in to a B-2, to enable them to reside with the principal non-immigrant visa holder. Extensions may also be sought in six month increments for the duration of the principal alien’s non-immigrant status.
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