Key Takeaways:
- L-2 visa holders can apply for green cards as dependents of the primary visa holder, but each family member must submit their own forms and documents.
- The green card application process for dependents involves Adjustment of Status, an immigrant petition, and concurrent filing.
- In certain situations, separate applications or extensions of L-2 visas may be necessary for dependents while the green card application is on hold.
Understanding Dependent Visas and Green Card Eligibility
When you’re in the United States on a work visa, such as an L-1 visa, your dependents—spouse and children—may accompany you on L-2 dependent visas. A common concern that arises for families is whether they can embark on the journey to becoming permanent residents together. If you’re considering applying for a green card and want your family to join you in this process, it’s essential to understand the regulations and procedures involved.
Can L-2 Visa Holders Apply for Green Cards?
Yes, your spouse and children holding L-2 dependent visas can apply for green cards simultaneously with you. The family-based green card application process allows for dependents of the principal visa holder to be included in the primary applicant’s petition. This means that when you, as an L-1 visa holder, start your journey toward permanent residency, your dependents can be part of the same application.
However, it’s crucial to note that each family member will need to submit their forms and documents as part of the green card application process, though your petitions will be linked together.
Primary Steps in the Green Card Application Process for Dependents
- Adjustment of Status: For individuals already residing in the U.S. on L-2 visas, the process is referred to as an Adjustment of Status.
- Immigrant Petition: The green card process often starts with an immigrant petition filed by an employer (Form I-140) for the primary L-1 visa holder. Dependents’ applications are tied to the success of this petition.
- Concurrent Filing: In some cases, if the visa category is current, you can file for adjustment of status (Form I-485) for yourself and your dependents simultaneously with the I-140.
Documents and Requirements
Your dependents will need to provide:
- Forms like the I-485 (Application to Register Permanent Residence or Adjust Status)
- Evidence of their relationship to you, such as marriage or birth certificates
- Valid L-2 visa documentation
- Medical examination results
- Biometric information
During this application stage, your dependents may also apply for work authorization (Employment Authorization Document) and travel permission (Advance Parole).
Separate Process: When Is It Required?
In circumstances where the principal applicant’s employment-based green card application is on hold due to category backlogs or other reasons, dependents may find their current L-2 status expiring. In such cases, it might be necessary for them to explore alternate ways to maintain their legal status in the U.S., which may involve separate applications or extensions of their L-2 visas until their green card applications can be processed.
Key Considerations for L-2 Visa Holders
- Time-sensitive Applications: Timeliness is crucial. Ensure that your dependent’s visa does not lapse during the application process; otherwise, they might have to leave the country or face legal issues.
- Legal Assistance: Immigration laws can be complex and vary based on individual circumstances. Seeking advice from an immigration attorney can provide tailored guidance for your family’s situation.
Conclusion
As you and your family consider the path to permanent residency in the United States, remember that L-2 visa holders— your spouse and children—can indeed be included in your green card application process. With careful planning and thorough understanding of the process, the dream of making the U.S. your permanent home can be a shared family journey.
For official guidelines and forms related to the green card application process, refer to the U.S. Citizenship and Immigration Services (USCIS) website at uscis.gov. It’s the most authoritative source for up-to-date information on immigration procedures.
Embarking on the path to permanent residency is a significant step; being well-informed will help you and your loved ones navigate it with confidence.
So there you have it, my tech-savvy friend! L-2 visa holders can totally join in on the green card application fun with their L-1 visa-holding loved ones. Just make sure you stay on top of those time-sensitive applications and maybe seek some legal assistance along the way. And if you want to delve deeper into immigration topics and find more helpful tips, head on over to visaverge.com. Happy exploring!
FAQ’s to know:
FAQ 1: Can L-2 visa holders apply for green cards?
Answer: Yes, L-2 visa holders, including spouses and children, can apply for green cards. The family-based green card application process allows dependents to be included in the primary applicant’s petition. While each family member will need to submit their own forms and documents, their petitions will be linked together.
FAQ 2: What are the primary steps in the green card application process for dependents?
Answer: The primary steps in the green card application process for dependents include adjustment of status for individuals already residing in the U.S. on L-2 visas, an immigrant petition filed by an employer (Form I-140) for the primary L-1 visa holder, and concurrent filing of Form I-485 for adjustment of status. These steps are interconnected, and the success of the primary applicant’s petition affects the dependents’ applications.
FAQ 3: When is a separate process required for L-2 visa holders?
Answer: A separate process may be required for L-2 visa holders when the principal applicant’s employment-based green card application is on hold due to backlogs or other reasons. In such cases, if the L-2 visa status is expiring, dependents may need to explore alternate ways to maintain their legal status, such as filing separate applications or extending their L-2 visas until their green card applications can be processed. It is important to ensure timely applications to avoid legal issues.
Remember, consulting an immigration attorney for guidance tailored to your family’s situation and being aware of time-sensitive applications are important considerations throughout the green card application process.
What did you learn? Answer below to know:
Can L-2 visa holders apply for green cards along with the primary applicant?
a) True
b) FalseWhat is the process called for individuals already residing in the U.S. on L-2 visas who want to apply for a green card?
a) Adjustment of Status
b) Immigrant Petition
c) Concurrent FilingWhy might L-2 visa holders need to go through a separate process to maintain their legal status in the U.S.?
a) Category backlogs in the employment-based green card application
b) Incomplete documentation submitted during the initial application
c) Expiration of L-2 status
