Key Takeaways:
- Changing from an M2 to an A2 visa involves applying to USCIS for a change of status.
- Steps in the process include filing Form I-539, submitting required documents, paying the application fee, and awaiting a USCIS decision.
- Advantages of transferring to an A2 visa include employment authorization, longer duration of stay, and access to educational opportunities.
If you’re currently in the U.S. on an M2 visa, which is designated for dependents of M1 vocational students, you might find yourself in a situation where you want or need to change to an A2 visa. An A2 visa is issued to civilian employees of a foreign government recognized by the United States, as well as their immediate family members. This type of switch involves a process that requires careful consideration. In this blog post, we’ll walk you through what you need to know about transferring from an M2 to A2 visa.
Understanding the M2 to A2 Visa Transfer
First and foremost, it’s essential to understand the procedure involved in changing your visa status. The transfer from an M2 to an A2 visa involves applying to U.S. Citizenship and Immigration Services (USCIS) for a change of status.
Steps in the Visa Status Change Process
To initiate the M2 to A2 visa transfer, follow these steps:
- File Form I-539: This is the Application To Extend/Change Nonimmigrant Status, which must be submitted to USCIS. This form should be completed with all the necessary documentation that explains the reason for the change.
Submit Required Documents: Along with Form I-539, you’ll need to provide evidence of your eligibility for an A2 visa. These typically include proof of your relationship with the primary A2 visa holder, documentation from the foreign government employing the principal A2 holder, and details of your role or purpose for staying in the United States.
Pay the Application Fee: There will be a fee associated with to the submission of Form I-539. Make sure to confirm the current fee on the official USCIS website and include it with your application.
- Await USCIS Decision: After submitting your application, wait for a response from USCIS regarding your status change request.
You can check the status of your application online through the USCIS Case Status Online tool.
Advantages of Transferring from M2 to A2 Visa
There are several potential advantages to changing your status from an M2 to an A2 visa:
- Employment Authorization: Unlike the M2 visa, dependents under the A2 visa may apply for work authorization in the United States. This provides a path to financial independence and the ability to pursue a career while in the country.
Longer Duration of Stay: A2 visas might allow for a longer duration of stay compared to M2 visas, depending on the specifics of the A2 visa holder’s employment with the foreign government.
Educational Opportunities: Children of A2 visa holders may have access to educational opportunities without the need to change to a student visa.
Disadvantages of Changing Visa Status
While there are advantages, it’s also important to be aware of some drawbacks:
- Potentially Lengthy Process: The application process can be time-consuming, and the wait for approval from USCIS can vary drastically. This can cause uncertainty, especially if your current M2 status is nearing expiration.
Uncertain Outcome: As with any visa application, there is no guarantee of success. Your application might be denied, potentially affecting your current status.
Cost: The cost of the application process can be on the higher side, particularly if you need legal assistance to navigate the complicated paperwork.
It’s paramount to begin the transfer process well before your current M2 status expires to prevent any complications related to overstaying.
Conclusion
The transfer from an M2 to an A2 visa requires thorough preparation, an understanding of the U.S. immigration system, and careful timing. Be sure to gather all pertinent documents and information before filing your application. The advantages of an A2 might outweigh potential disadvantages, especially if you’re seeking employment or a longer-term stay in the United States. Whatever your reason for changing status, ensure that you follow all required procedures to remain in compliance with U.S. immigration laws.
For detailed information and the latest updates on the visa status change process, always refer to the official USCIS website. Navigating the U.S. immigration landscape can be complex, but with the proper guidance and a clear understanding of the necessary steps, a successful transfer from an M2 to A2 visa is entirely within reach.
Still Got Questions? Read Below to Know More:
Will my current M2 visa be valid during the USCIS decision period for my A2 application
Yes, your current M-2 visa will generally remain valid while your A-2 visa application is pending with the United States Citizenship and Immigration Services (USCIS), provided that your M-2 visa has not expired and you maintain your status as an M-2 nonimmigrant. Being in M-2 status allows you to stay in the United States as the dependent of an M-1 student.
During the decision period for your A-2 visa application (filed as a Change of Status request), it is crucial for you to maintain lawful status. This means you cannot overstay your authorized period of stay on your M-2 visa. If your M-2 visa expires before USCIS makes a decision on your A-2 application, you would need to either extend your M-2 visa, leave the United States, or find an alternative legal status to remain in the country.
To stay updated on your application status, you can check the USCIS Case Status Online tool (https://egov.uscis.gov/casestatus/landing.do). Also, refer to the official USCIS website (https://www.uscis.gov/) for authoritative information and guidance on visa status and applications. If you seek detailed, personalized advice about your situation, consider consulting an immigration attorney or a legal expert.
If my A2 visa application gets denied, what happens to my M2 status
If your A-2 visa application gets denied, it does not automatically affect your M-2 status. The A-2 visa is typically for foreign military personnel, while the M-2 is a dependent visa for the spouse or children of an M-1 vocational student. Here’s what you need to understand about the situation:
- Separate Visas, Separate Statuses:
- Both A-2 and M-2 visas are non-immigrant visas, but they are independent of each other.
- A denial of one does not imply the denial or invalidation of the other.
- Maintaining M-2 Status:
- As long as the primary M-1 visa holder maintains their status, your M-2 status remains valid.
- You must not violate the terms of your M-2 status, such as by working without authorization or failing to depart the U.S. when required.
- What to Do After a Denial:
- You should review the reason for the A-2 application denial. The U.S. State Department or the embassy/consulate where you applied should provide a reason for the visa denial.
- Consider whether the denial of the A-2 visa reveals any issues that could impact your M-2 status and seek guidance if necessary.
It’s essential to follow the guidance provided in the denial notice. In case you’d like to understand more about visa denials or statuses, you can refer to the official U.S. Department of State’s Visa Denial FAQ or the USCIS page on Nonimmigrant Visas. If you have concerns about your M-2 status, consulting with an immigration attorney or the academic institution’s international student office where the M-1 visa holder studies can also be helpful.
Can my spouse work in the US while I switch from an M2 to A2 visa
If you’re switching from an M-2 visa to an A-2 visa in the United States, it’s important to consider your spouse’s work eligibility during this transition. The M-2 visa is for dependents of M-1 vocational students and does not generally permit employment. On the other hand, the A-2 visa is for foreign government officials, and their dependents may have some employment privileges.
When you switch to an A-2 visa, your spouse can apply for work authorization. The process involves submitting Form I-566, “Interagency Record of Request,” to the U.S. Department of State and then to U.S. Citizenship and Immigration Services (USCIS) once approved. Following this, Form I-765, “Application for Employment Authorization,” must be filed to USCIS to obtain the Employment Authorization Document (EAD). Approval of an EAD is what will legally permit your spouse to work in the U.S.
It’s important to thoroughly review the guidelines on the official USCIS website before proceeding, and ensure all steps are followed accurately. For direct information on applying for the EAD, visit the USCIS Employment Authorization Document page:
– USCIS EAD: https://www.uscis.gov/i-765
For specific instructions and requirements about A-visa dependents and work authorization, consult the U.S. Department of State guidelines:
– U.S. Department of State A visas: https://travel.state.gov/content/travel/en/us-visas/other-visa-categories/visa-employees-nato.html
Remember that while your A-2 visa petition is pending and you have not yet received your new status, your spouse’s eligibility to work may not be in effect. It’s crucial to obtain the A-2 status and follow through with the work authorization process for your spouse as described above.
If my child is on M2 status and studying, do they need to apply for a student visa after we get A2 status
If your child is currently on an M-2 visa status, which is a dependant status for family members of M-1 student visa holders, and you are transitioning to an A-2 visa status, your child may need to change their visa status in order to continue studying in the United States. The A-2 visa is for foreign officials or employees of a foreign government and their immediate family members, but it does not automatically provide the same study rights as a student visa.
Generally speaking, dependents of A-2 visa holders do not require a student visa to attend school. According to the U.S. Department of State, “A, G, and NATO dependents may, but do not have to, change status to F-1 or M-1 in order to pursue full-time studies.” If the child plans to engage in full-time studies, they may remain on A-2 dependent status without needing to switch to an F-1 or M-1 student visa.
However, if there is any change in circumstances or if the child seeks to attend an institution of higher education, it might be necessary to consult with the institution’s international students office or a legal expert in immigration law. Each situation has unique particulars that may affect the need for a visa status change. For the most accurate and personalized advice, you should contact the United States Citizenship and Immigration Services (USCIS) or check the official guidelines provided on the respective embassy or consulate website.
- U.S. Department of State – Visa for A, G, and NATO
- United States Citizenship and Immigration Services (USCIS) – Change of Nonimmigrant Status
How soon should I begin the M2 to A2 transfer before my M2 visa expires
If you’re planning to transfer from an M-2 visa to an A-2 visa, it’s important to start the process well before your M-2 visa expires. The U.S. Department of State recommends that you apply for a visa at least three months before your planned travel date. Considering processing times and potential delays, here’s a structured approach for your M-2 to A-2 visa transfer:
- Timing: Start the process at least 90 days before your M-2 visa expires. This gives you ample time to gather necessary documentation, complete the necessary forms, and account for any unforeseen delays.
- Steps:
- Research: Obtain all the information on the requirements for an A-2 visa from the official website of the U.S. Department of State or U.S. embassy in your country.
- Documentation: Gather documentation such as proof of your relation to the principal A-1 or A-2 visa holder, a diplomatic note from the foreign government, and other required supporting documents.
- Application: Fill out the DS-160 form online and schedule an interview at the U.S. embassy or consulate if required for the A-2 visa category.
- Notification: Make sure to notify the U.S. Citizenship and Immigration Services (USCIS) about your intention to change status if you’re already in the United States. Form I-539, Application to Extend/Change Nonimmigrant Status, should be filed before your current M-2 status expires.
- Important Note:
“You must maintain your M nonimmigrant status while your Form I-539 change of status application is pending with USCIS. You may remain in the United States while USCIS is considering your change of status request.”
Here are the links to the official resources where you can find additional information and the necessary forms:
– U.S. Department of State Visa Information: U.S. Visas
– Online Nonimmigrant Visa Application (DS-160): DS-160
– USCIS Form I-539 Information: I-539, Application To Extend/Change Nonimmigrant Status
Starting early can help ensure that you don’t face a gap in your legal status. It’s advisable to seek direct assistance from the U.S. consulate or an immigration attorney if you encounter specific issues during the process.
Learn today
Glossary or Definitions:
- M2 Visa: A nonimmigrant visa category in the United States designated for dependents of M1 vocational students.
A2 Visa: A nonimmigrant visa category in the United States issued to civilian employees of a foreign government recognized by the United States, as well as their immediate family members.
Visa Status Change: The process of changing from one nonimmigrant visa category to another while remaining in the United States.
U.S. Citizenship and Immigration Services (USCIS): The government agency responsible for processing immigration and naturalization applications in the United States.
Form I-539: The Application To Extend/Change Nonimmigrant Status, which must be completed and submitted to USCIS to request a change of visa status.
Evidence of Eligibility: Documentation required to prove eligibility for the desired visa status change, which may include proof of relationship, documentation from the foreign government employing the A2 visa holder, and details of the applicant’s role or purpose for staying in the United States.
Application Fee: The fee that must be paid to USCIS when submitting Form I-539 for a visa status change.
USCIS Decision: The response from USCIS regarding the approval or denial of the visa status change request.
USCIS Case Status Online: An online tool provided by USCIS that allows applicants to check the status of their application.
Employment Authorization: The ability to work legally in the United States, which may be available to dependents under the A2 visa but not the M2 visa.
Duration of Stay: The period of time that an individual is allowed to remain in the United States under a specific visa category.
Educational Opportunities: Access to educational programs and institutions without the need to change to a student visa, which may be available to the children of A2 visa holders.
Potentially Lengthy Process: Refers to the possibility that the visa status change application process may take a significant amount of time.
Uncertain Outcome: Refers to the fact that there is no guarantee of approval for a visa status change application.
Cost: The expenses associated with the application process, which may include filing fees and legal assistance fees.
Overstaying: Remaining in the United States beyond the authorized period of stay under a specific visa category, which can lead to legal consequences.
U.S. Immigration Laws: The set of laws and regulations that govern immigration and visa processes in the United States.
Ready to make the switch from an M2 to A2 visa? Follow the steps we’ve outlined to ensure a smooth process. Remember, changing your visa status can offer fantastic advantages like employment authorization and longer stays. But be prepared for a potentially lengthy process and costs involved. For more expert guidance and updates, head over to visaverge.com. Good luck on your visa journey!
