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PERSONAL INJURY
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A B-2 classification is now available for "cohabitating partners" of long term non-immigrants. Usually a foreign post encounters individuals who want to qualify for a derivative status (that being the same type of visa as the alien, but classified as a spouse or child). The relationship, though, must be recognized under law as being fully equivalent in all respects to a traditional legal marriage. The relationship must grant the parties all the same rights and duties as a traditional marriage, the cohabitating partner cannot qualify for derivative status. The alien who might not qualify under the derivative status, though, could qualify under a B-2 visitor status. This is true for both same sex parterns and opposite sex partners. The primary purpose of the "significant other" must be to accompany the principal alien. If the "significant other" is temporarily working or studying in the United States, the alien who is attempting to follow that person could be considered as traveling for pleasure, and thus eligible for a B-2 status. The fact that the cohabitating partner may be living in the United States for an extended period of time is not a bar for the B-2 classification. The period of time allowed for a B-2 classification is initially a maximum of one year (but usually a six month visa is given) with extended increments of six months each. There is no time limit as to how many six month extensions may be granted to the alien. |
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