Pregnant and cannot travel on L2B. What are the legal options.

Asked 9 months ago - Stamford, CT


I am in US on L1 B visa which is expiring on May 17, 2014 and i94 on the same day. My wife is working on L2 EAD and her i94 is expiring on Sep 2014. We are applying the extension but i heard there are lot of rejection. We are in very difficult situation since my wife is 16 weeks pregnant and has due date in 1 week on September. We have also applied our H1B
1. How long the Extension process will take.
2. if the Extension is rejected and we have been told to leave the country in August or September , my wife will not be able to travel at that time. What are the legal options we will have to stay more for 1 or 2 months till the time baby delivered and in the position to travel.

Attorney answers (2)

  1. Stephen D. Berman

    Contributor Level 20

    Answered . You can check USCIS.GOV for the processing times. If USCIS denies your application after May 17, 2014, you will be out of status and will have the leave the U.S. If USCIS denies your wife's application, she too will be out of status. If she cannot leave for health reasons, they will not force her on a plane, but rather, she may be stuck in the U.S. with no status.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an... more
  2. Maria Vladimirovna Davydova

    Contributor Level 11

    Answered . It is unclear why you and your wife have different I-94 expiration dates if she is your dependent. You are typically given 30 days to leave the country after a denial. Your wife will not be forcibly removed but you and your wife start accruing unlawful presence in the United States after a denial, which may create problems with future entries to the United States or may bar you from entering for a number of years, depending on how much unlawful time you accrued. You and your wife should consult with a knowledgeable immigration attorney.

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