Skip to main content

How to stay in the US legally?

Alexandria, VA |

My husband got transfered on a L1 visa and then laid off. We applied for a B2 visa which was granted. He now has a job offer- very well paid- as a consultant in a Scandinavian country. We are owing a house here and our daughter is attending a local, private school. I have no desire to move and uproot the family again. Is there any chance he can work as an consultant, pay taxes on his income here in the US and for us to continue living here? He will be spending most of the time in Scandinavia and basically commute between the two countries. All in all we will be contributing to the US economy.

Attorney Answers 4

Posted

You should consult an attorney as this assessment is best done over a consultation

This answer is provided for general education purposes only and is not intended to provide, nor does it provide, any legal advice.   By viewing this answer you understand and expressly agree that there is no attorney-client relationship between you and the attorney who authored the answer.  Should you need legal advice, please contact a licensed attorney who practices in this area.  Readers of this answer and the information contained herein should not act upon any information contained in this answer without seeking legal counsel.

Mark as helpful

4 lawyers agree

Posted

This is a complex situation. Schedule a consultation with an experienced immigration attorney.

Please click the link below for additional information.

---------
Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
Schedule a Legal Consultation - Know Your Rights!
600 Wilshire Blvd., Suite 1550
Los Angeles, CA 90017
(213) 394-4554 x0
Web: www.shusterman.com (English)
www.inmigracion-abogado.com (Spanish)

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

Mark as helpful

1 found this helpful

15 lawyers agree

Posted

I agree with my colleagues ... this will be quite complicated to work out.

My greatest immediate concern is the children .. they may NOT ATTEND SCHOOL in the US, even private schools, on B-2 visas.

As for your husband ... perhaps the Scandinavian company can bring him overseas, file for a blanket L and transfer him back to the US after only 6 months of working abroad.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

Mark as helpful

1 found this helpful

3 lawyers agree

5 comments

Asker

Posted

My daughter's pre-school has never asked about our visa status. When she started we were on a L1 visa and now we are on a B2 visa. But school has never asked questions regarding this. This situation is just so sad, we just want to continue to live in our home and continue our lives here, being legal and pay taxes.

F. J. Capriotti III

F. J. Capriotti III

Posted

Yes, unfortunately, many schools don't 'ask'. Their failure to know the law doesn't release you from the obligation to follow the law. Yes, it is unfortunate ... but, then it's not the responsibility of the US to let you stay if his employer is no longer willing/able to employ him. Scandinavia is a wonderful part of the world (I'm part Norwegian) and it will give your children a fantastic international experience. Remember, the company can transfer him back to the US after 6 months to 1 year ... if you think 'positive' this can be a beneficial experience. Meeting with a US Licensed Immigration Attorney is still a good idea.

Asker

Posted

Thanks for your answer. It honestly never crossed my mind that our change of visa status would affect our daughter's eligibility to continue attending her preschool, and I can assure you I have not intently broken the law. I am Norwegian myself, married to a man from the UK, our daughter was born in China and have spent the last year here in DC. I feel we got the international experience down! ;-) I am very well aware that the US has no obligations to let us stay, it just seem a little absurd that I have to leave my home due to circumstances I could not control and all we want to do is pay our taxes here in the US instead of Sweden. Problem with transfer on a L visa after 6-12 months is that the company is Finnish, based in Sweden, where my husband will be hired as a consultant. Now instead of moving the whole family to Sweden I am looking for a solution allowing us to live here legally, while my husband commute between Sweden and the US, and pay our taxes of all income here. I'm also aware that the H1B cap has been filled. If you honestly think there is a solution I would be happy to meet with an attorney. Thanks again for your time.

F. J. Capriotti III

F. J. Capriotti III

Posted

Are you willing to go to school? Perhaps a student visa (F or J) could benefit your family situation. Many of us use Skype to consult with people (I just finished one to Mexico City a few minutes ago). Find a lawyer that you feel comfortable talking to and contact them directly. franco@capriotti.com ... the Norwegian from Minnesota .. with an Italian name.

F. J. Capriotti III

F. J. Capriotti III

Posted

I should probably add a clarification about not being permitted to attend 'school' in the US. Technically a pre-school isn't a 'school' ... it is a fancy day care center. Thus, I don't see a problem with this type of daily activity. Good luck, I trust that you'll find an attorney to consult with that your are comfortable talking to.

Posted

Is this another transfer by the L-1 employer?

This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.

Mark as helpful

1 found this helpful

2 lawyers agree

1 comment

Asker

Posted

No,the company he worked for (12 years) brought us over from China on a L1, then they fired him and canceled our visa. We then, at the same day, applied for a B2 which was granted. This situation is quite a mess thanks to previous employer, we bought a house when we moved here, as previous employer said they will be filing for green card down the road. We never anticipated that a company would go to the trouble of moving a family from China to the US only to fire him and leave us in limbo. So company transfered us on a L1 from France to the US years ago, and we spent 3 years here. Then company moved us to China for four years, and then moved us back last year on a L1.

Tax law topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics