Immigration Law

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I have a question in regards to my wife and I. I am a

Customer Question
Hi! I have a...

Hi! I have a question in regards ***** ***** wife and I. I am a professional tennis player admitted in the USA until 2019. My wife is with me on a B2 visa. I have travelled to the USA like this before. As she is my spouse (before cohabitant partner) there is an option for her to be admitted for 1 year even on B1 visa. She was admitted like this before. This time when she entered to U.S. the officer only admitted her for 6 months on B2 - even though she showed him the marriage certificate and documentation that she is travelling with me, asking for 1 year (maximum stay) on B2 possible. She was only granted 6 months.

Lawyer's Assistant: What is your official status? Do you have any pending applications or petitions with USCIS?

This means that she either needs to file an I-539 for an extension of her stay or leave and re-enter US (but not only to Canada or Mexico). My status is non-immigrant on P1 HEr status is currently admitted in US on B2 for 6 months only

Lawyer's Assistant: Have you talked to a lawyer yet?

No. But I see our options extension of stay I-539 or leaving and reentering is that correct?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I think that's it. Will he/she have this info

Submitted: 4 months ago.Category: Immigration Law
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Answered in 5 minutes by:
12/5/2017
Immigration Lawyer: Expert James, Lawyer replied 4 months ago
Expert James
Expert James, Lawyer
Category: Immigration Law
Satisfied Customers: 12,958
Experience: Write FOR JAMES to get my help!
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Hello! Thank you for using Just Answer. My name is***** have over 12 years of legal experience. Please allow me some time to review your question and to prepare a response.

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Customer reply replied 4 months ago
Hi, Thank you!
Immigration Lawyer: Expert James, Lawyer replied 4 months ago

Thank you for your patience. Your answer is below. When you get your answers, you will be asked to give a rating - 4 or 5 stars are appreciated. This is important because this is how I credit for doing my job. Don't worry, you can still ask related follow-up questions even after you've given a rating. Thank you!

ANSWER: She can either apply for an extension of B2 status, she can leave the US and come back (although this is a risk since she would still be subject to the discretion of the inspecting officer at the border), or she can apply for a change of status to P4 status. The latter is my recommendation since you are on P1 status.

P4 status is the dependent status of a P1 status holder. Since she is your spouse, she is eligible for that status.

I hope that answers your questions. Please remember to give me credit for doing my job by clicking on 4 or 5 stars at the top of your screen.

A BONUS is also appreciated if you feel I've earned one today. And remember, you can still ask follow-up questions if you need to.

If you want to talk on the phone, I am available to do that for an additional fee.

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Thank you!

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Category: Immigration Law
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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