Frequently Asked Questions - J-2 Visa

Visas for same-sex partners from countries where such marriage is not allowed
J-2 Status

Anyone who attempts to gain any immigration benefits, including visas, through perceived fraud or misrepresentation is permanently barred from entering the USA. In cases like this, you can try to revisit these findings with the consulate, but these are long, drawn out battles and difficult to win. Temporary visits may be possible with something called a 212 (d) (3) waiver.

J-2 or J-1 with 212(e) HRR converting to F-1 student

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.

Can a J-2 holder get a HRR 212(e) waiver without J-1?

See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.

FAQ Transcript:

J-2 Dependent Changing to Other Working Visa

Yes, the J-2 can, UNLESS the J-1 holder is a physician serving the three years for J-1 waiver. 

Change of Status from J-2 to TN

Check with USCIS customer service,

Starting a Business on J-2 Visa

Under the law (8CFR 21A.2(j)(1) (v) (A)), a J-2 holder may use the earnings to support the J-1 visa holder. The earnings must be used for the “Family's customary recreational and cultural activities and those related travel.”

Two-Year Home Residency Requirement

In this situation, the applicant’s J-1 waiver does not cover her period in J-2 status. 9 FAM 41.62 states that if an alien is subject to the two-year foreign residence requirement, the spouse and child of that alien are also subject to that requirement. Thus, the individual you have described would need a separate waiver to cover the time that she spent in J-2 status that subjected her to the two-year home residency requirement.Two separate DS-3035 applications would therefore be required in this circumstance.

Canadian with J-2 visa

You can switch back to TN from J-2. What you do has no effect on the children. They derive their status directly from your J-1 spouse.

J-2 holders and work authorization

J-2 holders can get work authorization and work as per the licensing requirements of their profession.

J-2 to TN

You can switch back to TN. To correct slightly, you do not automatically get switched to an H-4 (not H-2).

J-2 visa and I-275

It is entirely in the discretion of the consular officer whether or not to give you a J-2 visa. Impossible to predict.