L2 or F1?

[Vikas2828]

My son is currently 17 years old and we have been in the US for 1.5 years. He is completing his high school in 2026 while holding L-2 visa. We have filed I-140 which is yet to be approved. In the interim, my son has been selected by US university for his undergrad studies. Following are our questions:

a) Can i file his F1 visa while he maintains his L2 visa as well? In other words, can he concurrently hold 2 visas?
b) Would it be advisable to transfer him to F1 visa?
c) In case he moves over to F1 visa, would this impact his I-140 filing in any way

[rkk09]

Hi,
Please see my response below.
a) Can i file his F1 visa while he maintains his L2 visa as well? In other words, can he concurrently hold 2 visas?
Answer: Yes. He can apply for an F-1 visa while currently on L-2. But He cannot hold two statuses at the same time inside the U.S.

b) Would it be advisable to transfer him to F1 visa?
Answer: Yes. It is generally advisable because L2 status will not cover his course period.

c) In case he moves over to F1 visa, would this impact his I-140 filing in any way
Answer: No. It will not be problem on I-140 filing.

Thanks