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L2 Visa Questions

What is a L2 visa?

An L2 visa is a visa document that is used to enter the US by the dependant’s spouse and minor unmarried children. The L1 qualified visa holder must already be in the US. The L2 visa is not a permanent visa, but it is valid for the duration of the spouse’s L1 visa. Read below where many Experts have answered the commonly asked questions by thousands of individuals pertaining to L2 Visa.

If a L2 visa holder’s L2 visa does not expire for a substantial time, but his/her EAD has expired, does he/she need to stop working while the EAD is being renewed?

Since a person is not suppose to work while their Employment Authorization Document (EAD) is expired, then the answer would be that the person would need to go off payroll till his/her EAD is approved. If the person does work on the expired EAD, then his/her status can be violated. In most cases the person is told to apply for renewal of his/her EAD a few months prior to the expiration so that he/she doesn’t have to worry about a break in the status. The L2 visa does not matter in this case. The L2 visa only allows the person to enter the US.

Can a person file for their extension on a L2 visa along with a EAD status?

The person filing for the L2 visa can also file for EAD status as well. The person should fill out all other paperwork associated with these statuses as soon as possible and also file for the spouse citizenship.

Can a person that is on a L2 visa with their EAC about to run out work for free till his/her EAC is approved?

Since the Equivalent Annual Cost (EAC) is the same thing as the EAD document, a person is not allowed to work, whether it is for free or pay, when the EAD runs out. The person would need to renew the EAD/EAC as soon as they possibly can so that his/her work is not interrupted.

If a person was on a L2 visa then applied for a L1 visa change, stayed under the L2 visa status even though they had the L1 visa then left the country for a year, returned and filed for a green card, will all this affect the green card process?

When the person was out of the country for a long period of time they would be considered “out of status”. In most cases, when a person files for a green card the US generally only look to the information from the time the person entered the US the last time and when the person filed for the green card status, therefore the year most generally wouldn’t be looked at.

If a 18 year old dependant that holds a L2 visa get a work permit so that he/she may work?

A L2 holder can be permitted to work in the US. The person would need to get work authorization from the USCIS. The get the authorization the person would need to have the approval Form I-765, Employment Authorization.

A L2 visa permits dependants of L1 visa holders to be in the US. There may be many issues or concerns that may come up during the process of renewing, getting permission to work in the US, or just questions and concerns as to the process in which a person would need to go through. When the questions and concerns surface, the person would need to seek the advice of an Expert to answer any questions or concerns that he/she may have.

Ask an Immigration Lawyer

Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: General
Satisfied Customers: 34505
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
9200179
Type Your Immigration Law Question Here...
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Recent L2 Questions

  • I have 3 DUI convictions 2 of them back in 1984 and the third

    I have 3 DUI convictions 2 of them back in 1984 and the third in 2010, Also I have have been married 2 times and ended up in divorce. My second marriage was with a filipina who i sponsored from the Philipines. our divorce was final in July 2014, will this effect my I-129F petition and my new fiances K-1 visa being approved. She is from Main Land China
    Sincerely
    John
  • Immigration Question... I am a US Citizen, deployed to the

    Immigration Question...
    I am a US Citizen, deployed to the Middle East on a Letter of Authorization (LOA) issued by the U.S. Army with a deployment end date in 2016. My wife who is a green card holder (CR1) has accompanied me overseas. I am a contract employee with a U.S. company on contract with the U.S. Department of Defense.
    My wife received her CR1 status in April 2014 when she entered the US. We will be married 2 years in December 2014. Our residence is in the U.S., we jointly own a U.S. company, have filed joint U.S tax returns for 2012 and 2013 and will file a joint tax return for 2014. In addition, we have joint bank accounts in the U.S.
    When we returned to the U.S. In late April 2014, we fully intended to stay since my overseas contract had ended and we were starting a new business in the U.S. However, soon after we returned to the U.S. and my wife received her CR1, I received a contract renewal for an assignment overseas. To,accept, I had to be back in the Middle East within 10 days. My wife came with me so we both live outside the U.S. temporarily until my job with a U.S. Company on US government is complete.
    I need to stay in the Middle East until my contact is over and my wife cannot go back to the U.S. by her self. We are planning to return to the U S in January 2016.
    We will apply to remove her conditional status in 2016.
    I contacted the US embassy/consul about a Returning Resident (SB-1) application. The US State Department Web Site says:
    1. “A provision exists under U.S. visa law for the issuance of a returning resident special immigrant visa to an LPR who remained outside the United States due to circumstances beyond his/her control. “The US Department of State form “APPLICATION TO DETERMINE RETURNING RESIDENT STATUS” states that an example of proof that a protracted stay was for reasons beyond the applicant’s control is “accompanying a U.S. citizen spouse”.
    2. “If you are an LPR unable to return to the United States within the travel validity period of the green card (1 year) you may be eligible and can apply at the nearest U.S. Embassy or Consulate for a Returning Resident (SB-1) immigrant visa.
    3. “If you are the spouse or child of a member of the U.S. Armed Forces or of a civilian employee of the U.S. government stationed abroad on official orders, you may use your Permanent Resident Card, Form I-551, to enter the United States even if it has expired. Therefore, you would not need a Returning Resident (SB-1) immigrant visa”
    It appears from the information above that my wife can stay with me in Kuwait and does not need to “return to the United States within the travel validity period of the green card (1 year)”. In addition, she does not need the SB-1 Visa. She can use her Permanent Resident Card, Form I-551, to enter the United States even if it has expired.
    Is this correct?
    The embassy/consulate response was - "note that the administration of green cards is the responsibility of DHS/USCIS. The Embassy has no role in this process." According to what I have been told an read we cannot apply for a Reentry permit since she is not in the U.S.
    What do we need to do so we do not jeopardize my wife's green card status?
  • I got REF for extension of my TN application regarding evaluation

    I got REF for extension of my TN application regarding evaluation of degree. I have Bachelor of Commerce from India and over 8 years accountant Canadian and American experience. FIS evaluated my degree as Bachelor of Accounting substitute with experience. Is that going to work out. If you think it is going to work out I like to hand over case to you. CCI evaluator also ready to give me Bachelor of Business Administration based on my education. I got number of times TN. Right now I am on TN as an Accountant. Thanks in advance for answer.
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