Does my wife who has a B2 visa needs to appear for h4 visa interview to transfer her B2 to h4?
She will not get admitted as a B2, unless she has proof she is leaving the U.S. pronto. Better to get an H4.
Chicago, IL
Immigration Lawyer at Chicago, IL
Practice Areas: Immigration, Divorce & Separation
She will not get admitted as a B2, unless she has proof she is leaving the U.S. pronto. Better to get an H4.
It does not sound like you got an expedited removal order, so you would not need any waiver.
It is not proper to come to the U.S. as an R2 if one plans to change status upon admission to the U.S. But R2 is the best way to get the spouse to...
A U2 does not need to prove that the U1 is in the U.S. to file for adjustment.
You do not need to wait for your spouse's H4 approval to port to a new H1b employer.
You could also contact the CIS Ombudsman's office, and if that fails, contact your Senator or Congressman.
There is no rule about how long they can stay. If they can show they are still in visitor status they can keep extending their status.
You should be able to transfer. You have not been convicted of a crime. But you might find a provisional revocation of the visa.
I think your attorney is correct and you need to get it fixed.
A lawful permanent resident can file a petition for his or her spouse to immigrate to the U.S.