Adjusting from a L 1 Visa

Old Jan 1st 2021, 11:59 pm
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Default Adjusting from a L 1 Visa

I have a friend who has filed to adjust Husband who is here on a L, well he is currently back in the UK on a trip and will not be back for a few days.

The pack was sent after he left and will most likely be date stamped before he returns.

My assumption is that you need to be here in the US when the filing is received, but I just wanted to check that this is an issue.
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Old Jan 2nd 2021, 12:53 am
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Default Re: Adjusting from a L 1 Visa

I don't think he needs to be in the USA when the filing is received.

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Old Jan 2nd 2021, 2:41 am
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Default Re: Adjusting from a L 1 Visa

Originally Posted by Boiler
I have a friend who has filed to adjust Husband who is here on a L, well he is currently back in the UK on a trip and will not be back for a few days.

The pack was sent after he left and will most likely be date stamped before he returns.

My assumption is that you need to be here in the US when the filing is received, but I just wanted to check that this is an issue.
That might be a big whoopsie.
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Old Jan 2nd 2021, 9:49 am
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Default Re: Adjusting from a L 1 Visa

Originally Posted by S Folinsky
That might be a big whoopsie.
Ok thanks
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Old Jan 2nd 2021, 5:37 pm
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Default Re: Adjusting from a L 1 Visa

Is this friend a USC and her spouse is living and working in the US on an L visa? Since she is filing for a spouse of a USC, I don't see where the whoopsie can be. His visa allows him to leave and enter the US and the L visa remains valid. The USC wife had to file the I-130 and I-485 and accompanying petitions for a spouse who is legally residing in the US or that the person had to be within the boundaries of the US at the time of mailing and receipt of the petitions. I don't recall anything in the I-130 or the I-485 that states he cannot leave the US as long as he has a valid visa for being here. They both ask where he is currently living and he is still living at that address, just traveling.

Perhaps Stu can explain the whoopsie comment.
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Old Jan 2nd 2021, 5:45 pm
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Default Re: Adjusting from a L 1 Visa

Friend is USC

Husband on L is Scottish.

He went back just before Christmas, they were waiting for Marriage License to come through, live in CA and apparently takes a long time there. So she got it and filed a week or so back, he is due to come back I think on the 6th.

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Old Jan 2nd 2021, 6:47 pm
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Default Re: Adjusting from a L 1 Visa

If he here living in the US with his USC wife under the VWP then perhaps I could see a whoopsie especially if his living address was given as the US. If it weren't then the I-130 would be first processed here and then sent to the US Consulate for the visa. But since he is legally residing in the US, I don't personally see what the problem is that the petitions were mailed while he was outside of the US on an authorized to travel visa and was returning. It's not like the L visa was void and he needed an approved I-131 to travel and return to the US.
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Old Jan 2nd 2021, 6:54 pm
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Default Re: Adjusting from a L 1 Visa

I believe the issue is that to adjust status you have to be in status, in the US. As he is in London he is not in status when the application is or will be received.
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Old Jan 2nd 2021, 7:11 pm
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Default Re: Adjusting from a L 1 Visa

Is he still working for the L1 employer?

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Old Jan 2nd 2021, 7:12 pm
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Default Re: Adjusting from a L 1 Visa

Originally Posted by Noorah101
Is he still working for the L1 employer?

Rene
Yes, his trip was part business but mainly to see his daughter.
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Old Jan 2nd 2021, 7:15 pm
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Default Re: Adjusting from a L 1 Visa

Originally Posted by Boiler
Yes, his trip was part business but mainly to see his daughter.
Then he seems to still be in status as far as I can see.

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Old Jan 2nd 2021, 10:10 pm
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Default Re: Adjusting from a L 1 Visa

Originally Posted by Noorah101
Then he seems to still be in status as far as I can see.

Rene


I agree and that was what I eluded to in my posts.
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Old Jan 3rd 2021, 8:54 am
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Default Re: Adjusting from a L 1 Visa

Originally Posted by Noorah101
Then he seems to still be in status as far as I can see.

Rene
I guess that any non-citizen outside of the United States can be considered “in status.” But the fact remains that the person in question was outside of the United States.
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Old Jan 3rd 2021, 3:07 pm
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Default Re: Adjusting from a L 1 Visa

Sort of surprised this has not come up before assuming I have not just missed it

8 CFR § 103.2(a)(7)(i) seems the issue and needs to be here when for want of a better term it is logged in.
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Old Jan 3rd 2021, 7:12 pm
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Default Re: Adjusting from a L 1 Visa

Originally Posted by Boiler
Sort of surprised this has not come up before assuming I have not just missed it

8 CFR § 103.2(a)(7)(i) seems the issue and needs to be here when for want of a better term it is logged in.
I had it come up once a couple of years back. A bane of Medical Docs and lawyers is the “one small question” asked in a social setting. So, I get a call from my BFF of nearly 50 years. After comparing notes on the grandchildren she mentions her US born daughter has a question about her husband’s immigration status. Before I can demurrer, she puts Sidney on the phone. I tell her that the only reason I’m not going to do great bodily injury to her mother was our long standing relationship going back to undergraduate school. I tell her that I am retired and won’t give legal advice but will make a referral based upon the nature of her problem. The question was about advance parole. Another bane of many immigration lawyers’ existence is the tendency of Israelis thinking LAX-TLV is akin to a local flight. Just in passing Sidney notes she filed her husband’s 130/485 a month before he got here. Big TILT.

Now both Sidney and husband are very bright with advanced degrees in STEM. I tell her about (without naming names) British Expats and maybe I’ll use her as an example of how bloody easy it is to misunderstand. Fortunately, their plans fit in with doing an immigrant visa. I referred them out and Sidney refiled a new I-130 under the then existing procedures of Rome DHS office. They kissed the filing fees goodbye.

Her mother and I are still good friends.

Last edited by S Folinsky; Jan 3rd 2021 at 7:15 pm.
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