Immigration Law

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What is an A2 Visa?

This is a diplomatic visa and will be under the non-immigrant visa category. A2 visas are granted to those individuals who represent a foreign government and are traveling to the US in official capacity for their government. Privileges allowed under this status to the principal holder and dependents could differ from country to country and types of government missions.

Can an A2 visa holder work in the US?

This individual is entitled to work only for the government that engaged his or her services to work and enter in the US. If a person wishes to undertake another job he or she will need to seek employment authorization and apply for appropriate work permit or a different type of Visa.

Is an A2 visa holder required to pay income tax in the US?

No, the individual is exempt from paying tax in the US. However, the IRS must be notified of any secondary source of income in the US.

In an A2 visa application, who is classified as dependents that can live in the US?

Generally, the spouse and children of the A2 Visa holder can qualify as dependents and they can travel and live in US under A2 Visa. A girlfriend/boyfriend or fiancé are not considered dependents.

Can the spouse work in US?

Depending on the specific bilateral agreements between countries and the type of government mission, some spouses can obtain employment authorization to work in US. This is likely to be dependent on if the country of origin reciprocates and extends the same work entitlement to US spouses. Dependents who are employees of Diplomatic Missions, International Organizations or NATO may be eligible for employment authorization if reciprocal agreements exist between the countries. The Department of State Office of Protocol may provide information on bilateral agreements.

Do all A2 Visa holders have diplomatic immunity?

Contingent to the type of official activities required to perform within the government mission, some individuals with A2 Visa status may hold diplomatic immunity. However, this varies per situation.

Can an A2 Visa holder apply for a Green Card?

There are set criteria for eligibility and these will have to be met in order to obtain a green card status.

Can a person with A2 Visa status study in the US?

A2 Visa status allows for authorization to attend school. However, if the holder is a minor, once they reach the age of 21, they must apply for a change of status and will no longer be eligible for A2 Visa status. There are a few other stipulations on who can study.

What are the restrictions of A2 Visa with TDY status?

This implies the person is on a temporary assignment. The principal holder and dependents are allowed entry for up to 90 days and may not be permitted to extend the stay beyond the stipulated period. A dependent may not stay independent of the principal holder. They could travel separately to join the principal holder or travel ahead of them with the understanding their stay is combined and of the same period. A2 visas come with certain rights and entitlements. The laws could vary depending on individual cases and situations. Overlooking the immigration law could result in violations and hence it is prudent to have any doubts clarified by Legal Experts.

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