visa waiver change of status
 

Hello everyone,
I`m here in USA with a J1 visa and my husband, an italian citizen had entered in USA with a visa waiver. He can stay here for only 90 days. And we need to stay here for 6 month. Is it possible to apply for a change of status to a J2 visa or to apply for an extension of visa waiver?

The problem is that we didn't know the waiver would be available for 90 days (we thought it would be available for 6 months). That's why we didn't ask a J2 visa for him before we entered in USA.

INS has been very ambigous in the answer. Someone told us that we can apply and others no.

Thank you a lot
Kathy

Re: visa waiver change of status
 

kathy wrote in message news:...
    > Hello everyone,
    > I`m here in USA with a J1 visa and my husband, an italian citizen
    > had entered in USA with a visa waiver. He can stay here for only 90
    > days. And we need to stay here for 6 month. Is it possible to apply
    > for a change of status to a J2 visa or to apply for an extension of
    > visa waiver?
    > The problem is that we didn't know the waiver would be available for 90
    > days (we thought it would be available for 6 months). That's why we
    > didn't ask a J2 visa for him before we entered in USA.
    > INS has been very ambigous in the answer. Someone told us that we can
    > apply and others no.
    > Thank you a lot
    > Kathy

He cannot extend his status if he entered on a visa waiver.
He must return to Italy and get a J-2 stamp in the passport.

Re: visa waiver change of status
 

A person who enters the U.S. on a visa waiver can NOT change his
nonimmigrant status.

He will have to apply for a J-2 visa at a consulate.

Michael E. Piston
Senior Attorney
Michael E. Piston, P.C.
4000 Livernois Ste 110
Troy, MI 48098
248/680-0600
Fax: 248/680-0627

Responses have not been confirmed by research, are not intended as
legal advice, and do not create an attorney client relationship. Feel
free to e-mail me at [email protected] if you desire further
information

kathy wrote in message news:...
    > Hello everyone,
    > I`m here in USA with a J1 visa and my husband, an italian citizen
    > had entered in USA with a visa waiver. He can stay here for only 90
    > days. And we need to stay here for 6 month. Is it possible to apply
    > for a change of status to a J2 visa or to apply for an extension of
    > visa waiver?
    > The problem is that we didn't know the waiver would be available for 90
    > days (we thought it would be available for 6 months). That's why we
    > didn't ask a J2 visa for him before we entered in USA.
    > INS has been very ambigous in the answer. Someone told us that we can
    > apply and others no.
    > Thank you a lot
    > Kathy