The J-2 visa is a non-immigrant visa for dependents (spouse and unmarried children under the age of 21) of J-1 visa holders. J-2 visa holders are dependent on the status of the J-1 Visa Holder. Any changes to the J-1 status will result in changes to the J-2 status.
Since the J-2 Visa is a dependent visa, its validity, duration and extension eligibility are directly tied to the J-1 visa status, generally the spouse or parent of the visa holder. However, not every J-1 Visa Category permits a J-2 Dependant.
A J-2 may be able to Change Status to another visa. However, the defining factor is whether the J-1 visas has a two-year home residency requirement, which this condition normally applies to J-2 dependents, and should always be considered.
If the J-1 visa holder applies for a waiver of the home residency requirement and receives an approval, the waiver can apply to the J-2 visa holder as well.
If a J-2 visa holder does not have a home residency requirement because the J-1 visa holder does not have that restriction, the J-2 may change be able to status to another visa or apply for permanent residence.
J-2 visa holders are eligible to acquire an Employment Authorization Document (EAD) after arrival and allowed to seek employment in the U.S.
With a granted EAD, you may apply Social Security Number (SSN) to file your taxes as per U.S. laws.
Generally, yes, a professional J-1 can have the spouse and any child under 21 apply for a J-2 Visa at the US Consulate abroad. Heavy consideration must be given to whether J-1 2-Year Home Residency Requirements are involved, whether an F Visa or H Visa would be better, the estimated time to be in the US, the remainder on the J-1’s DS-2019, and many other factors to confirm a J-2 Visa is a good fit.
Since eligibility depends on many factors, please contact Fickey Martinez Law Firm to set up a Consultation with our Immigration Attorney.
(910) 526-0066
13252 Garden Grove Blvd.
Suite 204-106
Garden Grove, CA 92843
DISCLAIMER – The information does not constitute legal advice and please be aware that neither this website nor the use of information from this website creates an attorney-client relationship.
© 2021 Fickey Martinez Law Firm. All Rights Reserved.
This website has been built to be accessible for all users. If you experience any difficulty in accessing this website, please contact us for assistance.