USCIS has recently issued a Policy Memoranda on, the Changes to B-2 Status, and Extensions of B-2 Status, for Cohabitating Partners and Other Nonimmigrant Household Members.
Cohabitating Partners:
USCIS has clarified that a cohabitating partner’s relationship to the nonimmigrant principal alien in another status will be considered a favorable factor in allowing them to obtain or remain eligible for B-2 classification. It further clarified that when considering a change of status to and/or multiple extensions of B-2 status for the cohabitating partner, 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. However, it has also informed that a finding that the principal nonimmigrant lacks nonimmigrant intent (demonstrated, for example, by filing of an Adjustment of Status application by the principal nonimmigrant) could be considered as a negative factor in the exercise of discretion by the USCIS while deciding on the Change/Extension request of the Cohabitating Partner.
Other Nonimmigrant Household Members:
Considering a “household member” of a principal nonimmigrant as an alien who regularly resides in the same dwelling as the principal nonimmigrant and with whom the principal nonimmigrant maintains the type of relationship and care as one normally would expect between nuclear family members, USCIS clarified that a change to and/or one or more extensions of B-2 classification is appropriate in the exercise of discretion for household members of a principal nonimmigrant visa holder, when other eligibility requirements are met.
Similar to the policy for Cohabitating Partners, when considering a change of status to and/or multiple extensions of B-2 status for eligible household members of a principal nonimmigrant, 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, but a finding that the principal nonimmigrant lacks nonimmigrant intent could be considered as a negative factor in the exercise of discretion by the USCIS while deciding on the Change/Extension request of the Cohabitating Partner.
Mitesh Bohra, Co-founder & President, InfoBeans, Inc
