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L2 Visa for Canadian born infant

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  • L2 Visa for Canadian born infant

    Hi all,

    My firm is applying for L1A visa for myself and we will be sending our original docs (passport, I-129s etc.) for both me and my wife (L2) to the US Consulate in Toronto (no interview scheduling required as of now). Few questions for this group:
    1. We have a 12month old child born in Canada. Do I need to submit a DS-160 for her and send her documents to consulate?
    2. OR given that Canadian borns can get visa stamped at port of entry at the border, will we just need to fill DS-160 and take theDS-160 confirmation page at the port of entry with other relevant documents to get her visa stamped? That means we need not send her documents to US consulate

    Please let me know of the process if any of the above 2 assumptions are incorrect.

    Thanks

  • #2
    As a Canadian citizen, your child does not need a visa to enter the US into most nonimmigrant statuses, including L2. Your child would not fill out DS-160. Your child would just need a Canadian passport, with proof of being your child, and enter with you when you enter on L1, for your child to be admitted into L2 status. Or, if you are not there, your child can enter into L2 by showing your L1 I-94.

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

    Comment


    • #3

      Hello Sir: Based on your response to one of your posts. We have a similar situation,

      For me & my wife we have L1/l2 Interview scheduled on Oct. We booked this interview on April, during that time my wife was pregnant.
      We are in canada working. We got our new born infant with canadian passport.
      So our attorney response was she need to cancel our appointment and book new which will delay the interview to 2023 due to wait time.. to add the new born to our appointment.
      But do we need to take the new born to the interview to get the get stamping ?
      or since she has canadian passport does she get stamp / entry based on my L1 at CBP ?

      Comment


      • #4
        Originally posted by Jag2021 View Post
        Hello Sir: Based on your response to one of your posts. We have a similar situation,

        For me & my wife we have L1/l2 Interview scheduled on Oct. We booked this interview on April, during that time my wife was pregnant.
        We are in canada working. We got our new born infant with canadian passport.
        So our attorney response was she need to cancel our appointment and book new which will delay the interview to 2023 due to wait time.. to add the new born to our appointment.
        But do we need to take the new born to the interview to get the get stamping ?
        or since she has canadian passport does she get stamp / entry based on my L1 at CBP ?
        Canadian citizens do not need L2 visas. They skip the visa step. They just present same evidence that they would use to get a visa (e.g. for L2, the L1's I-94, and the proof of relationship) at the US port of entry to be admitted into the US directly. I am not sure what you mean by "stamp". If you mean "visa", then like I said, your Canadian citizen child does not need a visa.

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

        Comment

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