F-2 and J-2 Dependents IMMIGRATION RULES

Overview Dependent Status Employment Study Cultural Information

Who is a Dependent? Only a spouse (including same-sex spouses) and minor child (under the age of 21) who accompany the primary visa holder to the United States may receive F-2 or J-2 dependent status. The eligibility to stay legally in the U.S. as well as to extend the stay, is contingent upon the primary visa holder maintaining his or her legal status and extending his or her program of study in a timely manner. All other family members must apply for a B-1 or B-2 visitor visa to gain entry into the U.S.

F-2 Status Basics Once the F-1 student has completed his or her studies and has left the U.S., the F-2 dependents must leave also. Upon turning 21 years of age, dependents children are no longer eligible for F-2 status and will need to change to another status if they wish to stay in the U.S. At the end of the F-1 program, there is a 60-day grace period during which the F-1 and F-2 may stay in the U.S.

J-2 Status Basics Once the J-1 Exchange Visitor has completed his or her program and has left the US, the J-2 dependents must leave as well. Upon turning 21 years of age, dependent children are no longer eligible for J-2 status and will need to change to another status if they wish to stay in the United States. At the end of the J-1 program, there is a 30-day grace period during which the J-1 and J-2 may stay in the U.S. During this time, they may travel within the U.S. but may not be employed. Immigration regulations require that all J-1 exchange visitors and their J-2 dependents be covered by health insurance while participating in the exchange visitor program.

F-2 Employment The F-2 dependents may not accept employment in the United States. Volunteer work is allowed as long as there is no compensation of any kind. Please refer to the Department of Labor definition of volunteering Department of Labor definition of volunteering

J-2 Employment J-2 dependents may apply to the U.S. Citizenship & Immigration Services (USCIS) for work authorization. Income from such employment will be for the support of the dependent(s) in recreational types of activities, and not for the J-1. USCIS will issue an Employment Authorization Document (EAD) that will usually be valid for a 12- month period and must be renewed once a year if employment will continue. J-2 dependents may request employment authorization while the J-1 Exchange Visitor’s program is valid as indicated on the DS-2019 or a period of four years, whichever is shorter. After obtaining the EAD, J-2s may apply for a Social Security Card and will be subject to federal and local income tax. Ask an OIP Advisor for more details.

Volunteering Must be an advertised volunteer position If the position is normally a paid position, then it is not a valid volunteer position. Please refer to the Department of Labor definition of volunteeringDepartment of Labor definition of volunteering

F-2 Study Any F-2 dependent may participate full-time in avocational or recreational study (i.e., hobbies). F-2 spouses who wish to study toward obtaining a degree may do so if: ◦The study is on a part-time basis ◦The school is SEVP-certified If an F-2 spouse wishes to study on a full time basis, they must apply for a change of status to F- first. F-2 children may engage in full-time study if: ◦They are under age 21, AND ◦They are enrolled in elementary or secondary school (kindergarten through 12 th grade) Upon turning 21 years of age, an F-2 dependent is no longer eligible to remain in F-2 status and must apply for a change of status to remain in the country legally. If at any time an F-2 child wishes to study at the university level on a full-time basis, he/she must apply for a change of status to F-1 or J-1 or any other visa status permitting full-time study.

J-2 Study Currently there are no regulatory restrictions on study for J-2 dependents.

El Paso is the largest border city and the 6 th largest city in Texas. Population: 665,568 (2011) It is the only major Texas city on Mountain Time. Unique location: near two states (New Mexico and Chihuahua) and two countries (the USA and Mexico). El Paso is also known as the “Sun City.”

Events in El Paso Downtown Street Festival Sun City Music Festival Franklin Mountain Poppies Celebration Alfresco! Fridays KLAQ International Balloonfest Neon Desert Music Festival Cool Canyon Nights Amigo Airsho Viva! El Paso Chalk the Block … and more!

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