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In Helena, as throughout the United States, dependent visas are governed by federal immigration law. There are no Helena or Montana state rules that create new dependent visa categories. The primary categories used by families are F-2, H-4, L-2 and J-2, which cover spouses and unmarried children under 21 accompanying a student, worker, or exchange visitor.
Applications for dependents are processed by federal agencies, not by local city or county governments. Depending on whether the dependent is inside the United States or abroad, the path may involve USCIS petitioning, consular processing, or adjustment of status. For Helena residents, the main authorities to engage are the U.S. Citizenship and Immigration Services (USCIS) and the U.S. Department of State (DOS).
According to the Immigration and Nationality Act and related regulations, nonimmigrant dependents accompany primary visa holders in defined categories such as F-2, H-4, L-2 and J-2.
For authoritative references, see: F-2 dependents page on USCIS, the nonimmigrant classifications defined in 8 CFR Part 214, and general statutory authority in the Immigration and Nationality Act. These sources provide the framework that applies to all Helena residents seeking dependent visas.
Sources: USCIS - F-2 visa dependent, 8 CFR Part 214 - Nonimmigrant Classifications, Immigration and Nationality Act - 8 U.S.C. § 1101
You are a dependent seeking an H-4 EAD and the work authorization decision is unclear or delayed. A lawyer can evaluate eligibility, gather evidence, and respond to requests for information from USCIS efficiently.
A primary visa holder in Helena faces job changes or a shift from H-1B to a different status, creating a complex dependent status transition. An attorney can map the best path for dependents to maintain lawful status.
You need to extend or adjust status for F-2 or J-2 dependents while the primary visa holder remains in the U.S. An attorney can prepare Form I-539 or related documents and coordinate timing with the principal's filings.
You receive an RFE (Request for Evidence) about a dependent petition. A lawyer can compile targeted, compliant evidence to avoid delays or denial.
You must file a consular visa application for a dependent and face interview related issues, scheduling, or document requirements in Helena or abroad. Legal counsel can prepare you for the interview and ensure documents meet consulate standards.
You are a Helena resident navigating a dependent visa in a cross-border family situation, where the principal is outside the U.S. and you need timely guidance on timelines and filing strategy.
Notes: Hiring a local immigration attorney familiar with federal rules helps ensure filings align with current guidelines and service center practices. An attorney can also help avoid out-of-pocket mistakes that cause delays or denials.
Sources: USCIS - H-4, USCIS - F-2, 8 CFR Part 214
Dependent visas operate under federal law, not state or local Helena ordinances. The two key federal bodies are USCIS and DOS, which issue approvals and consular visas, and the regulations that govern them are federal. Helena residents should focus on federal statutes and regulations when planning filings for dependents.
Immigration and Nationality Act (INA) - Defines nonimmigrant classes and dependent eligibility. The statute is codified at 8 U.S.C. § 1101 and forms the backbone for F-2, H-4, L-2 and J-2 categories. The Act has been amended multiple times since its original enactment in 1952, shaping how dependents may accompany primary visa holders.
8 CFR Part 214 - This section of the Code of Federal Regulations covers Nonimmigrant Classifications, including F, H, L, and J categories and their dependents. It governs who may apply and under what conditions dependents can accompany the principal visa holder.
8 CFR 274a.12 - Employment Authorization. This provision governs whether certain dependents may work in the United States, including eligibility for H-4 and other dependent work authorizations, where applicable. It also explains how dependents may obtain or lose work authorization.
Recent changes and guidance: The H-4 EAD regime, first established through a 2015 rule, allows certain H-4 spouses to seek employment authorization. USCIS continues to issue guidance on eligibility, renewals, and related processing times. See USCIS policy updates and the H-4 guidance for current practices.
Sources: Immigration and Nationality Act - 8 U.S.C. § 1101, 8 CFR Part 214, 8 CFR 274a.12
A dependent visa allows a spouse or unmarried child under 21 to accompany a primary visa holder. Qualifying categories include F-2, H-4, L-2 and J-2. Eligibility depends on the primary status and relationship to the main visa holder.
Typically you apply from outside the United States at a consulate or embassy using Form DS-160 and supporting documents. If already in the U.S., filing may involve Form I-539 for status extensions or changes, in coordination with the primary peti tion.
Work is allowed only if the dependent has separate employment authorization, such as an H-4 EAD. Other dependent categories generally do not grant work rights unless a separate status or EAD is approved.
While not required, a lawyer helps manage filings, respond to RFEs, and navigate consular interviews. Local expertise can be especially helpful for complex family scenarios or timing issues.
Processing times vary by visa category and service center. Check current USCIS processing times for accurate estimates and plan for several months or longer in busy periods.
Common documents include proof of relationship, a valid passport, the primary visa holder’s documents, and school or work records. Specific lists depend on the visa category and processing stage.
Consular processing issues the visa at a U.S. consulate abroad. Adjustment of status allows same or separate dependents already in the U.S. to apply for status changes without leaving the country.
Most consular dependents face interviews at a U.S. embassy or consulate. Some applicants may qualify for interview waivers, depending on age and category.
Costs include petition filing fees, consular fees, and possibly biometrics. For example, I-765 or I-539 fees vary by form. Always check the current fee schedule on USCIS.
Yes. F-2 and J-2 dependents accompany students or exchange visitors. H-4 dependents accompany H-1B workers, and L-2 dependents accompany L-1 transferees. Each category has distinct rules for status and work authorization.
Review the denial notice carefully with an attorney to determine appeal or motion options. A lawyer can help identify grounds and prepare a strong response or reapplication plan.
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