Chapter 9 J-2 Status for Family Members of a J-1 Exchange Visitor

• Jurisdiction: United States

Who can be a J-2 nonimmigrant visa holder?

The spouse and unmarried minor children of a J-1 exchange visitor may be eligible for J-2 status. Minor children, under the Immigration and Nationality Act (INA), are those under the age of 21. Note that same-sex spouses are eligible for J-2 status as long as the marriage was legally recognized in the jurisdiction where it took place, whether in the United States or abroad.

How much time does a J-2 nonimmigrant spouse or child of a J-1 physician get to stay on each visit to the United States?

Like J-1s, J-2 spouses and children of physicians are granted I-94s marked “D/S”, which means “duration of status.” This means that as long as the J-1 is meeting the terms described on the Form DS-2019, Certificate of Eligibility for Exchange Visitor (J-1) Status (plus a 30-day grace period at the conclusion of the J-1 program), the J-2 is considered to be in a legal stay in the United States.

What if a family member who is not a spouse or a minor child is in the J-1’s household?

Other family members living in the household may be eligible for B-2 classification. This would include elderly parents, dependent siblings, co-habiting partners who are not married to the J-1, and others. The primary purpose of the trip must be to accompany the nonimmigrant. Note that the normal six-month duration of a B-2 I-94 applies rather than a J-2 “duration of status” open-ended duration. The Department of State’s Foreign Affairs Manual rule on B-2 accompanying relatives states:

The B-2 classification is appropriate for aliens who are members of the household of another alien in long-term nonimmigrant status, but who are not eligible for derivative status under that alien’s visa classification. This is also an appropriate classification for aliens who are members of the household of a U.S. citizen who normally lives and works overseas, but is returning to the United States for a temporary time period. Such aliens include, but are not limited to the following: cohabitating partners or elderly parents of temporary workers, students, diplomats posted to the United States, accompanying parent(s) of minor F-1 child-student. B-2 classification may also be accorded to a spouse or child who qualifies for derivative status (other than derivative A or G status) but for whom it may be inconvenient or impossible to apply for the proper H-4, L-2, F-2, or other derivative visa, provided that the derivative individual intends to maintain a residence outside the United States and otherwise meets the B visa eligibility requirements. If such individuals plan to stay in the United States for more than six months, they should be advised to ask the Department of Homeland Security (DHS) for a one-year stay at the time they apply for admission. If needed, they may thereafter apply for extensions of stay, in increments of up to six months, for the duration of the principal alien’s nonimmigrant status in the United

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