The Spouse and/or Children of an M-1 Student – Zhang & Associates, P.C. - Attorneys in New York, San Francisco, Houston, Silicon Valley, San Jose, Seattle, Chicago, Austin, Los Angeles, Madison, and Honolulu

The Spouse and/or Children of an M-1 Student


The spouse and/or unmarried, minor children of M-1 students are eligible to come to the United States through an M-2 Visa. M-2 holders are considered the dependents of M-1 students; therefore, M-2 students are entitled to remain in the United States for the duration of the M-1 student’s authorized duration of stay. Furthermore, each dependent must be issued an individual SEVIS Form I-20 and may remain in the United States as long as the principle M-1 student maintains valid status; if the M-1 student loses valid status, so too will their M-2 dependents.

Employment Opportunities for the M-2 holder

Similar to those of F-2 visa holders, M-2 holders are subject to certain provisions and restrictions under U.S. immigration law. The first restriction states that M-2 status holders are not permitted to apply for or engage in employment during their stay in the United States as an M-2 holder.

Education Opportunities for the M-2 holder

Another restriction placed upon M-2 status holders is that these dependents are generally not allowed to partake in any type of full-time study while in the U.S. Specifically, the M-2 child may only engage in full-time study if the study is in an elementary school or secondary school (kindergarten through twelfth grade). Furthermore, the M-2 spouse and/or child may engage in study that is vocational or recreational.

In an instance where an M-2 spouse or M-2 child (other than elementary or secondary school) would like to engage in full-time study, the spouse or child must first obtain a change of status to F-1, J-1, or M-1 status. If an M-2 dependent engages in any type of full-time study that is not at an elementary or secondary school, or vocational or recreational in nature, the alien will be considered in violation of status.  

Sources:

Electronic Code of Federal Regulations: 8 CFR § 214.2(m)(17)

For more information about M-1 visas, please click on one of the following links: