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My wife has L2 and she is outside US right now. I have applied for Adjustment of Status.

Houston, TX |

So my wife has L2 and she is outside US right now. I have applied for Adjustment of Status and I have not received my Advance Parole or my EAD documents yet. My question is, while I am waiting for these documents, can my wife travel on L2?

Secondly, once I receive these documents would my wife still be able to travel on L2?

Attorney Answers 3

Posted

Yes & yes. As long as the AOS is pending you still retain the underlying nonimmigrant visa status unless you change same by traveling abroad and entering on the advance parole or filing an affirmative COS.

This is not legal advise and should not be construed as such by anyone.

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7 comments

Asker

Posted

I am impressed how quick your response was. Thanks.

Harry Asatrian

Harry Asatrian

Posted

Thanks! Hopefully this makes it clear.

Asker

Posted

Yes it did, thanks again. A quick supplement question this... So while my AOS is pending, I can't travel outside US on L1 but my wife can travel on L2, correct?

Harry Asatrian

Harry Asatrian

Posted

If you have a valid L-1 visa, you should have no issue traveling abroad and entering in L-1 status while the AOS is pending.

Asker

Posted

And by "pending AOS" I mean I don't yet even have AP document.

Harry Asatrian

Harry Asatrian

Posted

YOu don't need an AP to travel if you have a valid L-1 visa. Be reminded: This is not meant to be legal advise because I don't have all your facts.

Asker

Posted

I understand and thanks again for your comments.

Posted

Your wife can travel to the United States while your application for adjustment of status is pending assuming you are still in valid L-1 status. Your wife would still be able to travel after you receive those documents. However, she will not be able to travel with the L-2 visa if you are not in compliance with the terms if your L-1 visa (such as not working for the employer) or once you adjusted status.

Wendy R. Barlow, Esq, The Law Offices of Grinberg & Segal, P.L.L.C., 111 Broadway, Suite 1306, New York NY 10006, (866) 456-­8654, wendy@myatorneyusa.com, www.myattorneyusa.com. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter. No recipients of content from this answer, clients or otherwise, should act or refrain from acting on the basis of any content included in the answer without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a licensed attorney. Provision of information on this website does not create an attorney-client relationship between you and The Law Offices of Grinberg & Segal, P.L.L.C., nor is it intended to do so.

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Asker

Posted

Thanks Wendy! That was helpful.

Asker

Posted

Can you also please elaborate a little on "...once you adjusted status"?

Wendy Rebecca Barlow

Wendy Rebecca Barlow

Posted

Once you have adjusted your status to a lawful permanent residence.

Posted

If you are still maintaining your L1 status, yes, otherwise - no.

NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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