B-2 Status and Extensions of B-2 Status

USCIS Policy Memorandum on Changes to B-2 Status and Extensions of B-2 Status for Cohabitating Partners and Other Nonimmigrant Household Members

This memorandum which was released on 08/17/2011 and published on 08/26/2011 clarifies that change of stutus to B-2 visitor or one or more extension of B-2 status are appropriate in the exercise of discretion for household members, including the cohabitating partner of a principal nonimmigrant visa holder when other eligibility requirements are met for the change of status to B-2 or extension of B-2 status.

When evaluating an application for change to or extension of B-2 status based on cohabitation, the cohabitating partner’s relationship to the nonimmigrant principal alien in another status will be considered a favorable factor in allowing the household member to obtain or remain eligible for B-2 classification.

When considering a change of status and/or multiple extensions for the cohabitating partner or other household member, the finite nature of the stay, rather than the duration of the stay or number of extensions sought, is controlling with respect to nonimmigrant intent.

For example, the visit should be considered temporary even if the status may be extended several times over several years in order to match an extended course of study undertaken by the principal alien. However, while the I-539 (B-2) application must be adjudicated on its own merits, a finding that the principal nonimmigrant lacks nonimmigrant intent is a negative factor in the exercise of discretion. See http://www.greencardapply.com/news/news11/news11_0906.htm

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