Having a Baby in Usa on L2 Depedent
Updated on February 7, 2022
Thousands of people movement to the U.Southward. every twelvemonth. Many come to the U.Due south. due to an intercompany transfer on an 50-type visa. If yous or your spouse is an L1 visa holder, you may be wondering what you and your family's options are to move to the U.Due south. with them. Below we'll take a wait at the eligibility criteria for the L2 visa and the benefits y'all'll savor as an L1 dependent visa holder.
What is an L2 Visa?
L2 visas are too known as L1 dependent visas. These visas are granted to the spouses and dependents of L1 visa holders. An L2 visa is a not-immigrant visa, but despite this, you notwithstanding savour a wide diverseness of benefits in the fourth dimension you lot are in the U.South. We'll take a expect at these in more than detail below.
Who is Eligibly for an L2 Visa
This visa has unique eligibility criteria. Its eligibility is firstly dependent on the validity of an L1 visa. An L1 visa is granted to someone who has been transferred inside a company from an international branch to one situated in the U.South. So the L2 visa holder must also be a dependent of the L1 visa holder.
Yous will be regarded as a dependent of an L1 visa holder if:
- You are the spouse of someone with a valid L1 visa in a bona fide marriage, or
- You are a dependent child of an L1 visa holder and you are under the age of 21.
Who is Ineligible for an L2 Visa?
Parents of an L1 visa holder are unfortunately non eligible for an L2 visa. Even if you as the L1 visa holder are the primary caretaker of your parents, information technology volition still not qualify your parents to be eligible for an L2 visa.
Also keep in mind that in some cases the USCIS (U.South. Citizenship and Immigration Services) may revoke an L2 visa application if they find evidence that the intended holder volition non accompany or remain with the L1 visa holder.
Benefits of an L2 Visa
In that location are bully benefits if you are in the U.Southward. on an L1 dependent visa.
As an L2 visa holder, yous may:
- Live in the U.S. on a temporary basis
- Study full-time or attend a schoolhouse in the U.S.
- Apply for an Employment Potency Document (EAD)
- Change your visa status to some other not-immigrant visa
- Travel away and return to the U.S.
L2 Visa Validity
As mentioned earlier, the validity of an L2 visa is dependent on the validity of the L1 visa to which it is connected. The L2 visa is valid for as long every bit the L1 visa is valid. The dependents of an L1-A visa holder may stay in the U.Due south. for 7 years. Dependents of an L1-B visa holder may stay in the U.Due south. for 5 years. Your L2 visa will expire every bit presently as the L1 visa expires.
L2 Visa Required Documents
If y'all are considering applying for an L2 visa, you will need a few documents to bear witness to the USCIS that yous are eligible.
Hither is a list of the documents you'll need for an L2 visa application:
- A completed DS-160 Online Nonimmigrant Visa Awarding.
- Valid passport
- A passport-style photo
- Original spousal relationship certificate (for spouses)
- Original birth certificates for each dependent (for children)
- Written approving of the primary L1 visa holder (the parent or spouse)
- An employment verification letter from the L1 visa holder'south employer
- L1 holder'southward Form I-797
- Visa awarding fee
- Visa issuance fee.
If you don't have the cash bachelor to pay for the visa application and issuance fees, don't worry. Y'all can employ for a personal loan to aid you out fifty-fifty if you lot are a visa holder.
The processing time for an L2 visa tin can take up to 30 days and fifty-fifty longer. If you desire to make sure your application gets canonical and want to avert unnecessary mistakes, it could exist a good thought to become the specialist advice of an clearing attorney.
L2 Visa Application Tips
The L1 dependent visa application process can exist tricky. We've compiled a few tips to help you with your L2 visa application:
- L2 spouses need to submit their visa application with their spouse (the primary L1 visa holder)
- Beginning, change your proper noun on your passport (if it changed after you lot accept married) before y'all apply for your L2 visa or else you'll have to use your maiden name in the U.S.
- Make sure your wedding album contains enough photos with both you and your spouse in it
- Make sure there aren't any mistakes regarding your personal details on your visa once you've received information technology, and
- Remember, you can't leave and re-enter the U.S. if yous don't have a valid visa.
L2 Visa Stamping
Visa stamping is where the visa is endorsed in your passport.
The USCIS volition process your application and notify you lot about the date and time of your visa interview. Bring all the information and supporting documents you used in your application to your interview. Also, bring any supplementary evidence to support your case for your L2 visa stamping.
Supporting documents for L2 visa stamping:
- Re-create of the Form I-129 of the L1 visa holder
- A photocopy of the L1 visa (if applying separately)
- Proof of the union like a wedding anthology and wedding invitation menu
- A practiced re-create of the L1 visa holder'southward passport
- An income tax render and pay stubs of the L1 visa holder
- If the L1 visa holder is already working in the U.Due south. you need to provide all their payslips of the current calendar year and all of their previous U.South. federal tax returns. You besides need to include the previous 6 months' depository financial institution statements of the principal visa holder.
L2 Visa Extension
Recall, the validity of an L2 visa is dependent on the primary L1 visa. You can only extend your L2 visa if y'all have been living in the U.S. for a while and your extensions correspond with the validity of the primary L1 visa. Fifty-type visas are generally extended for 2 years at a fourth dimension.
Don't worry, yous won't become out of condition every bit long equally the decision to extend your visa is still pending with the USCIS or until 240 days accept passed.
To apply for your visa to be extended, you tin file Form I-539 with the USCIS.
L2 Visa Change of Status
L2 visa holders are immune to change their visa status to another visa type such every bit B-i, B-two, H1, H4 (if the primary visa holder has an H1 status) or fifty-fifty L1. Fortunately, the time y'all've spent in the U.Southward. under an L blazon visa will also not decrease the number of years for which your next visa will be valid.
L1 dependent visa holders may also change their visa status if the primary L1 visa holder changes their visa status. For case, you can alter from L2 to H4 if the primary visa holder changes from L1 to H1. Information technology is, however, very important to accept note that any EAD you received while under an L2 visa condition will not be valid after you've inverse your visa status.
L2 Visa to Green Menu
L2 visa holders are dependent on the primary L1 visa holder. They may be included in the process for adjustment of status (as well known as applying for a Light-green Card). Make sure your L2 visa is valid when you apply for a Greenish Card to foreclose the necessity for advance parole.
L2 Visa FAQs
In that location are a few questions that pop upwards regularly regarding L2 visas. Let'southward accept a look.
What if My Consulate Holds My Case Under Section 221(yard)?
Under certain circumstances, the Consular Officer (CO) may request additional information. They may hold the case under a law known as INA Section 221(chiliad) or also known as "pending for administrative processing". If this is the case with your visa application, return to the CO on a working day with the required information. If the CO is not satisfied, they may refer the case to the Department of Human Services (DHS). You'll have to piece of work with the DHS to go your visa stamped.
What Happens if My Spouse (L1 visa holder) Changes His/Her Status?
You are a dependent of your spouse. Their visa status determines your status. You can alter your visa condition to match the dependent visa type in accord with your spouse'due south new visa.
Can L2 Visa Holders Work in the U.S.?
The USCIS grants you the opportunity to apply for an EAD if yous are on an L1 dependent visa. You lot tin can utilise for jobs once yous have received your EAD.
Can L2 Visa Holders Study in the U.S.?
The L2 visa grants you the privilege to enroll in a school or university. A good tip hither would also be to contact your school's admissions function and ask if you lot are allowed to pay in-state tuition fees even if you are an L2 visa holder. In-state tuition fees are significantly lower than the standard tuition fees.
What is a Truly Dependent Visa?
Truly dependent visas are given to people who are dependent on someone in line for a U.South. visa. This includes a spouse or children who are under the historic period of 21 (and still dependent on the primary visa holder).
Source: https://www.stilt.com/blog/2019/05/l2-visa/
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