Dehai Tao - Law Firm - US Immigration Law

Welcome to Dehai Tao P.C.

This land flourished because it was fed from so many sources – because it was nourished by so many cultures and traditions and peoples. - Lyndon B. Johnson

"A simple way to take measure of a country is to look at how many want in.. And how many want out." ― Tony Blair

"We came to America, either ourselves or in the persons of our ancestors, to better the ideals of men, to make them see finer things than they had seen before, to get rid of the things that divide and to make sure of the things that unite." Woodrow Wilson

"The bosom of America is open to receive not only the Opulent and respected Stranger, but the oppressed and persecuted of all Nations and Religions; whom we shall welcome to a participation of all our rights and privileges…" George Washington

"We are a nation of immigrants. We are the children and grandchildren and great-grandchildren of the ones who wanted a better life, the driven ones, the ones who woke up at night hearing that voice telling them that life in that place called America could be better."

You can go to live in France, but you can’t become a Frenchman. You can go to live in Germany or Italy, but you can’t become a German, an Italian or for that matter any country in the world. But anyone, from any corner of the world, can come to live in the United States and become an American

"Let the poor the needy and oppressed of the Earth, and those who want Land, resort to the fertile lands of our western country, the second land of Promise, and there dwell in peace, fulfilling the first and great commandment." -George Washington

"It says something about our country that people around the world are willing to leave their homes and leave their families and risk everything to come to America. Their talent and hard work and love of freedom have helped make America the leader of the world. And our generation will ensure that America remains a beacon of liberty and the most hope fill society this world has ever known." ..... George W. Bush

"When my family came from England during the war, people said, "You are welcome here. What can we do to help?" I am a beneficiary of the American people’s generosity"..Madeleine Albrighth

"Yes, they broke the law, but it’s not a felony. It’s an act of love, it’s an act of commitment to your family" -- Jeb Bush

What is K-2 visa?

The K-2 non immigrant visa allows the child(ren) of a K-1 fiancé(e) visa holder to enter into the U.S. and await the availability of an immigrant visa.

How do I qualify for K2 visa?

To qualify for K2 visa, you must be:

Less than 21 years old
The unmarried child of a K-1 applicant
Seeking to immigrate to the U.S.

What privileges do I enjoy on K-2 visa?

On K-2 visa, you may:

Reside in the U.S. with your family while waiting for the marriage of your K-1 parent
Apply for Employment Authorization, using USCIS Form I-765, Application for Employment Authorization
Study in the U.S.
Apply for permanent residence once your parent and his or her U.S. Citizen fiancee marry.

What are the limitations of K-2 visa?

On K-2 visa, you may not:

Change to any other nonimmigrant status
Enter into the U.S. if you have been temporarily barred for previous violation of the U.S. immigration laws

What privileges do I enjoy on K-2 visa?

On K-2 visa, you may:

Reside in the U.S. with your family while waiting for the marriage of your K-1 parent
Apply for Employment Authorization, using USCIS Form I-765, Application for Employment Authorization
Study in the U.S.
Apply for permanent residence once your parent and his or her U.S. Citizen fiancee marry.

What are the limitations of K-2 visa?

On K-2 visa, you may not:

Change to any other nonimmigrant status
Enter into the U.S. if you have been temporarily barred for previous violation of the U.S. immigration laws

How long can children of K1 stay on K-2 visa?

Children of K-1 may stay in the U.S. on K-2 visa for a maximum period of 90 days from the date of entry. If your K-1 parent visa holder and U.S. citizen do not marry within 90 days, you must depart the U.S. within 30 days.

Can I study on K-2 visa?

Yes, you may study in the U.S. on K-2 visa.

Can I extend my stay on K-2 status?

No, you may not apply for extension of stay on K-2 visa. If the marriage of your K-1 parent and the U.S. citizen does not take place within 90 days of admission you are required to leave the U.S.

Can I work on K-2 visa?

Yes, the USCIS may grant you permission to take up employment in the U.S. on
K-2 visa.

To obtain Employment Authorization you will need to file Form I-765, application for employment authorization, with the USCIS Service Center which covers your place of residence in the U.S after your arrival there.

Note: The EAD can only be issued for the validity of the K-2 visa, 90 days. It is currently taking USCIS 90 days or longer to process the I-765

What are the documents required for K-2 visa?

The documents required for K-2 visa are:

Valid passport
Form DS-160, Nonimmigrant Visa Application, completed online, with recent color photograph with a white background. (photo must be electronically uploaded to DS-160)
Copy of your official birth certificate issued by the Registrar of Births
Completed Form I-134, Affidavit of Support, and supporting documents from your sponsor
Complete medical examination report from one of the Embassy's panel physicians
Bank draft for visa fee

Am I required to have my own passport to apply for K-2 visa?

In general, a separate passport is not required if you are below the age of 16. If the Consulate requires you to have a passport, it will be listed on the checklist.

Do I have to attend an interview at the American Consulate to get K-2 visa?

Generally an interview is required at the American Consulate. Some consulates do not require you to attend if you are below the age of 14. Some consulates require you to attend even if you are not going to move to the U.S. with your K-1 parent immediately, but will follow later.

Do I have to enter the U.S. on K-2 visa at the same time as my K-1 parent?

No, you may enter the U.S. up to one year after your K-1 parent. But you may not enter the U.S. before your K-1 parent enters.