The U.S. immigration system is complex, particularly when addressing the concerns of minor international students and their parents. One common question is whether parents can stay with their minor child throughout the academic year in the U.S. The surprising answer? Yes, it is possible.
F-1 Visa: Bringing Families Together
U.S. immigration regulations allow F-1 student visa holders to have their spouses and minor children join them under F-2 visas. But here’s a little-known fact: Parents of minor international students can also accompany their children during the entirety of their academic program.
B-2 Visa: A Pathway for Parents
The Department of State’s Foreign Affairs Manual provides a specific provision for the B-2 visa, allowing it to be used by household members of another non-citizen in long-term visa status, including student visas for multi-year educational programs. This provision includes parents of minor F-1 students, cohabitating partners, and elderly parents of adult students or workers.
Securing a B-2 Visa: Steps and Considerations
Parents eager to stay with their children under the B-2 visa can initially request a 1-year stay during their application. Once they reach the U.S., parents can further extend their B-2 status in six-month increments, up until the end of their child’s F-1 student status. This allows for a longer stay in the U.S. than a typical B-2 visa. Remember, however, that the B-2 visa doesn’t permit work in the U.S.
Securing a B-2 visa requires proof of “non-immigrant intent,” which is evidence of strong ties to the home country. Proof of financial stability for the duration of the stay, a permanent address back home, and showing familial and employment connections to the home country are critical. The assistance of an attorney can be invaluable in meeting this complex requirement.
ESTA: What You Need to Know
If a parent enters the U.S. under the Visa Waiver Program (ESTA), it’s crucial to note that they cannot extend their stay. ESTA allows a maximum stay of 90 days with no option to extend or change the status while in the U.S.
Consulting an immigration attorney for personalized advice is always recommended. By comprehending U.S. immigration regulations, you can maximize your options and effectively support your minor child’s studies in the United States.
Schedule a Consultation with a US Immigration Lawyer
Additional Outside Resources
