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L1A with EB1C but dependents question

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  • L1A with EB1C but dependents question

    Hi Experts - I am on L1A and my firm eventually will process EB1C in a year time frame from there the GC process looks like it takes another year as per the current date.
    I have 14 year daughter and my spouse are back in my home country and will eventually come here.
    1. If my firm wants to start EB1C process soon then - can I start the process having my spouse and daughter back in home country but having valid visa stamping? or do they need to be here with me mandatorily?
    2. By the time GC process completes(~2 years from now) my daughter would be 16/17 years - having said that, when she goes for undergrad will she be considered as local or foreign national?
    3. What would happen when she turns to 21 - is she considered as GC holder or still dependent or does she have to go for F1 visa?

    I was confused when GC is issued to the family, the family members considered as still dependents on primary applicant or GC holders?

  • #2
    Any help regarding this? Libra_14

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    • #3
      1. Regarding starting the EB1C process, it is generally possible for your spouse and daughter to be in your home country while the process begins, as long as they have valid visa stamping. However, it's important to consult with an immigration attorney to ensure all requirements and considerations are met for starting the process with your family members outside the country.
      2. When your daughter reaches the age of 16/17, her status as a local or foreign national for undergraduate studies will depend on various factors, including the specific policies of the educational institution and the immigration regulations in place at that time. It is recommended to research and consult with universities or educational institutions to understand their admissions policies for international students.
      3. When your daughter turns 21, her status and options may change. At that point, she may no longer be considered a dependent on your immigration application. The specific options available to her, such as whether she can remain as a GC holder or needs to pursue an F1 visa, will depend on the immigration laws and regulations in effect at that time. It is crucial to seek advice from an immigration attorney to understand the options and requirements applicable to her specific situation.

      It's important to note that immigration laws and regulations can change over time, so it is advisable to consult with an immigration attorney who can provide up-to-date and personalized guidance based online2yu on echat the current laws and your specific circumstances.
      Last edited by DolanaKerr; 06-16-2023, 07:06 AM.

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