immigration law, L2 visa, employment based immigration

visas: Can aLi2 sponsored by her husband employer fo3 years now divorcing can she apply to stay in USA or what happens when the visa expires we are both from mexico city and he probability he is going to be relocated in Mexico - Is this your question? Add additional information
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Stuart Jonas Reich

Stuart Jonas Reich

Contributor Level 7
In theory, the L-2 might be able to apply for some other visa status to remain here - just not the L-2 itself. You need to speak with an immigration lawyer to determine what options you might have to remain in the U.S.

Either the termination of your L-1 spouse from the U.S. company's employ so that he can accept a position abroad (even with a related company) or the termination of the marriage would invalidate your L-2.

If still in valid status right now (not divorced yet, husband still with the U.S. employer, visa has not yet expired), you can apply to change status to some other nonimmigrant visa for which you qualify - an immigration attorney would need to evaluate your qualifications (your degrees/experience), prospects (do you have a job offer from a company here for which you qualify and for which a visa is available? An offer of admission to a U.S. university? Something else?) and visa availability to determine what the options might be.

If no longer in valid status (husband has departed L-1 employment [though discuss this one with the lawyer you consult], marriage has terminated, or the visa has expired), you may still be able to get a visa but you would likely need to reenter the U.S. from abroad. This strategy should be discussed with the lawyer as well to ensure that you haven't overstayed an expiration date by so long as to acquire enough "unlawful presence" to be subject to a bar to reentry if you leave.

Your situation needs to be properly evaluated by a lawyer before meaningful advice can be given. Good luck!
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