When should I apply for a L2 status?

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When should I apply for a L2 status?
LawQA.com's picture

My husband's company is transferring him to the US next year. My due date happens to be a couple of weeks after the start date of his new job position. I currently have a valid B1/B2 visa. Would it be possible for me to travel to the US on B1/B2 first, and apply for change of status to L-2 later next year when my husband gets here for his job ? Or should I wait after the baby is born and apply for L-2 from our home country for me and the baby (I would rather not do this since my husband will be in the US by the time the baby is born) ?

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Submitted by Alexander J Segal on February 22, 2012 - 1:53pm

Alexander J Segal's picture

You can travel to the United States on a B1/B2 non-immigrant visa, but the Immigration & Customs Enforcement can either deny you admission due to the late-term of your pregnancy or only allow you admission for a brief period of time. If you are granted admission, your I-94 will typically state you cannot have a change of status and/or extension of status. As such, you may not be able to maintain lawful immigration status before filing for the L2 visa. This could have severe repercussions on whether you are granted an L2 non-immigrant visa. If you are denied admission, you are summarily deported from the United States and subjected to a five year bar to readmission, which means you may not be eligible for an L2 visa.

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