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HELP can I stay with my parents on a L2 visa after 21?

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  • HELP can I stay with my parents on a L2 visa after 21?

    Hey Guys I really need your help.

    Im a student in 2nd year living in London, who's very lucky to have parents who are going to be relocating to the states this Summer on a L1 visa.

    We've been told that mom and kids and get a L2 Visa. Unfortunately I will turn 21 in March 2020 which is half way through university.

    I am planning on going over late October 2019 with my parents and apply for a L2 visa.

    Then once I have it, my dad would apply for a Green-card, as I will be counted in the process, will I have a right to stay in the USA under the green card or will I have to return to the UK and wait for the sponsored green-card to come through which would mean waiting 1-10 year if that's correct. Which is not ideal.

    Another method I thought of was, if while on the L2 I were able to change status to H1/H4 ? would that allow me to stay in the country longer? As this will also be the year I graduate I would like to ideally graduate and move over with my parents as I would have no where else to go after, however it seems unlikely.

    Please help in anyway you can on what steps I should take or what to do. I'm a really passionate filmmaker and it's been a dream of mine to move to America for so long and now its looking like a possibility. All I want to do is to be able to graduate in summer and move over with my parents and work really hard.

    Please I can't stress this, I really don't want to wasting my time for a green card, thank you so much for reading and any comments would be much appreciated. sorry if I've made any mistakes.

  • #2
    Its pretty simple ... Get L2 right now, before you turn 21 & apply for your GC immediately.

    You just need to be less than 21 at the time of filing the application & you can stay in USA awaiting response for your GC application (you cannot leave USA, until you get a response).
    - Not a legal advice, just MY opinion

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    • #3
      hey thanks for your response, thats what I was thinking but I don't think I can apply my dad will have to apply.

      So basically if I apply and go over turning 21 does that mean I can stay?

      Also this might be tricky I don't suppose you know how long it takes for replies as I will be half way through my university term. I don't mind staying for a while but might be tricky if I'm not aloud to go back, thanks again an interesting topic I really am stuck. thanks for your advice, much appreciated.

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      • #4
        There are two issues here.

        As for your nonimmigrant status, you will lose L2 status and will not be able to enter the US on L2 anymore when you turn 21. You can get F1 status if you are studying in the US.

        As for whether you are able to immigrate as your parent's derivative beneficiary, that's more complicated. First of all, we don't know whether your father's employer will petition him to immigrate (to immigrate, he usually needs to be petitioned by a US relative or employer), and most employment-based immigration processes involves many steps that take time, including PERM, and then the I-140 petition. Even if the I-140 petition is filed before you are 21, that doesn't necessarily mean you will be able to immigrate. You didn't say where your parents were born, but if they were born in Mainland China or India, there is a long wait for visa numbers. CSPA will subtract the amount of time the petition is pending from your age at the time a visa number becomes available for determining whether you aged out, but it doesn't protect you from aging out due to a long wait for visa numbers. If your parents were born in a country with no wait for visa numbers, a visa number is immediately available, and if the I-140 is filed before you turn 21, you should be considered to not have aged out as long as you seek to acquire a visa within 1 year. If you are in the US, and your father files I-140 and I-485 concurrently (if there is no wait for visa numbers), and you file I-485 too, you can stay in the US while I-485 is pending.

        This is my personal opinion and is not to be construed as legal advice.

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        • #5
          Thank you for your reply, okay so this is all yet to happen but as far as I know my dad who's was born in England UK will be moving over on a L1 visa. His company is more than happy to form for the greencard as soon as possible and they are a us employer. In terms of my parents birth places, my dad was born In England and my mom was born in India. but both have british citizenship.

          Okay so from what I understood this is what will happen. my farther will be processed as a l1 visa and will be going over in October. then I will be joining him in November to start my l2 visa application. I should have that status from jan/feb.

          He was wondeirng if he is able to apply for the greencard while I was in the country as his would include all of us in the application, then would I be able to stay with my parents on my current L2 visa even after the age of 21 which would be march time or would I have to leave the USA and wait for the green-card back in England which like you stated could take a few years?

          Please let me know what you think? any suggestions thank you.

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          • #6
            Originally posted by Tml1 View Post
            Okay so from what I understood this is what will happen. my farther will be processed as a l1 visa and will be going over in October. then I will be joining him in November to start my l2 visa application. I should have that status from jan/feb.
            You can apply for your L2 along with your father's L1 visa interview & will get it at the same time. You can also join your father to move to USA immediately.
            Originally posted by Tml1 View Post
            He was wondering if he is able to apply for the greencard while I was in the country as his would include all of us in the application, then would I be able to stay with my parents on my current L2 visa even after the age of 21 which would be march time or would I have to leave the USA and wait for the green-card back in England which like you stated could take a few years?
            As I mentioned earlier, If your father's employer is filing his I140 & I485 together before your age of 21 years - he can include you & you can stay in USA by the time your status is changed to Permanent Resident.

            Also, since you are UK citizen, you can apply for ESTA as well & can visit/stay in USA.
            - Not a legal advice, just MY opinion

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            • #7
              Cool so I think the companies handles all the visa stuff so I'm guessing they will do that but that's what I wanted to hear if I'm in the country when the form is submitted and i'm still on the l2 under 21 if ill be able to stay.

              I think the only thing left is I'm guessing that I won't be Able to leave the US right?

              if thats true it might work out tricky due to being in my 2nd term of university, if anything worse comes to worse id be happy to finish it in another country although I doubt it, if not goes ill have to drop out. Crazy Timing, im getting excited though I really want this to work more than anything.

              Thank you guys again, really appreciate the help.

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