L-2 to GC?
Apr 30th 2009, 7:43 pm
#1
Austin TX
Thread Starter
Joined: Apr 2009
Posts: 36
L-2 to GC?
wow..I am getting a lot of info in this forum thanks to regular contributors;
I have read YES as an answer.. but no detailed info regarding this;
Is it possible my wife who is on L-2 with EAD to apply for GC ?How that can be achived ? Through her employer?
I am L-1A and about to max-even I am in the process of recapturing the time we spend outside of US-my company does not enough revenues due the current crisis to qualify.
We would like to stay permanent here as we have so much ties already-house-school-business etc.
Please advise..Thanks
I have read YES as an answer.. but no detailed info regarding this;
Is it possible my wife who is on L-2 with EAD to apply for GC ?How that can be achived ? Through her employer?
I am L-1A and about to max-even I am in the process of recapturing the time we spend outside of US-my company does not enough revenues due the current crisis to qualify.
We would like to stay permanent here as we have so much ties already-house-school-business etc.
Please advise..Thanks
Last edited by astor; Apr 30th 2009 at 7:49 pm.
Apr 30th 2009, 7:49 pm
#2
Forum Regular
Joined: Apr 2005
Posts: 168
Re: L-2 to GC?
From your post you must get your employer to sponsor you for a GC. Your wife can be included on your application. From the information you have supplied she cannot apply on her own unless there are other circumstances applicable to her.
Apr 30th 2009, 7:57 pm
#3
Austin TX
Thread Starter
Joined: Apr 2009
Posts: 36
Re: L-2 to GC?
I have seen some lawyers websites that she can apply for Green card separately. I was questioning that..thanks
Apr 30th 2009, 8:21 pm
#4
Joined: Apr 2002
Posts: 35,082
Re: L-2 to GC?
Might the L-2's employer/job qualify?
If she applied, then you would be included on her application.
Apr 30th 2009, 9:32 pm
#5
Septicity
Joined: May 2004
Posts: 23,762
Re: L-2 to GC?
Or alternatively is your wife one of the #1ers who could self sponsor?
Either case, you'd also be on the ticket.
Apr 30th 2009, 10:40 pm
#6
US immigration lawyer.
Joined: Jan 2008
Location: Los Angeles & Palm Springs, California
Posts: 695
Re: L-2 to GC?
If I understand your question, the answer is yes.
That is: any individual may apply for any benefit (e.g., green card) s/he qualifies for, regardless of current visa status. Any individual may be the beneficiary of as many petitions as s/he can legitimately qualify for. Caveat: being petitioned for a green card can be seen as inconsistent with having or applying for certain nonimmigrant visas. Consult your immigration attorney.
So, for example:
(a) your wife may be an L-2, but if she is also a renowned specialist in ancient druidic art forms, she could be petitioned as a O-1 lecturer at an art institute, despite your being an L-1. You could ask to be made O-3, but why bother, when you have an L-1?
(b) if your wife has a US citizen brother, the brother can I-130 petition her (FB-4), notwithstanding that she may be a dependent beneficiary under any petition filed for you (e.g., L-1 to GC). By the way, you would be a dependent beneficiary under the brother's application for your wife.
(c) let's say that the US citizen brother long ago petitioned for the parents (IR-0), and the parents are now US citizens themselves; the parents can petition for your wife (FB-3), even if the brother has already filed for her as FB-4, and even if she is beneficiary under your company's petition for you. And you would be a dependent beneficiary, also.
(d) in addition, if your wife were an internationally-celebrated theoretical mathematician, she could petition herself as EB-1, even with all the other petitions pending -- by the way, you'd be included in this petition, too.
(e) if your wife's L-2 employers think she's the best accountant / project manager / programmer / health educator / nursing administrator / professor / [insert appropriate EB-3 professional job title here] they have ever seen, they can apply for PERM for her. If her EB-3 is approved, you would be a dependent beneficiary.
See?
Hope that helps.
--J Craig Fong
That is: any individual may apply for any benefit (e.g., green card) s/he qualifies for, regardless of current visa status. Any individual may be the beneficiary of as many petitions as s/he can legitimately qualify for. Caveat: being petitioned for a green card can be seen as inconsistent with having or applying for certain nonimmigrant visas. Consult your immigration attorney.
So, for example:
(a) your wife may be an L-2, but if she is also a renowned specialist in ancient druidic art forms, she could be petitioned as a O-1 lecturer at an art institute, despite your being an L-1. You could ask to be made O-3, but why bother, when you have an L-1?
(b) if your wife has a US citizen brother, the brother can I-130 petition her (FB-4), notwithstanding that she may be a dependent beneficiary under any petition filed for you (e.g., L-1 to GC). By the way, you would be a dependent beneficiary under the brother's application for your wife.
(c) let's say that the US citizen brother long ago petitioned for the parents (IR-0), and the parents are now US citizens themselves; the parents can petition for your wife (FB-3), even if the brother has already filed for her as FB-4, and even if she is beneficiary under your company's petition for you. And you would be a dependent beneficiary, also.
(d) in addition, if your wife were an internationally-celebrated theoretical mathematician, she could petition herself as EB-1, even with all the other petitions pending -- by the way, you'd be included in this petition, too.
(e) if your wife's L-2 employers think she's the best accountant / project manager / programmer / health educator / nursing administrator / professor / [insert appropriate EB-3 professional job title here] they have ever seen, they can apply for PERM for her. If her EB-3 is approved, you would be a dependent beneficiary.
See?
Hope that helps.
--J Craig Fong
May 1st 2009, 1:24 am
#7
Austin TX
Thread Starter
Joined: Apr 2009
Posts: 36
Re: L-2 to GC?
If I understand your question, the answer is yes.
That is: any individual may apply for any benefit (e.g., green card) s/he qualifies for, regardless of current visa status. Any individual may be the beneficiary of as many petitions as s/he can legitimately qualify for. Caveat: being petitioned for a green card can be seen as inconsistent with having or applying for certain nonimmigrant visas. Consult your immigration attorney.
So, for example:
(a) your wife may be an L-2, but if she is also a renowned specialist in ancient druidic art forms, she could be petitioned as a O-1 lecturer at an art institute, despite your being an L-1. You could ask to be made O-3, but why bother, when you have an L-1?
(b) if your wife has a US citizen brother, the brother can I-130 petition her (FB-4), notwithstanding that she may be a dependent beneficiary under any petition filed for you (e.g., L-1 to GC). By the way, you would be a dependent beneficiary under the brother's application for your wife.
(c) let's say that the US citizen brother long ago petitioned for the parents (IR-0), and the parents are now US citizens themselves; the parents can petition for your wife (FB-3), even if the brother has already filed for her as FB-4, and even if she is beneficiary under your company's petition for you. And you would be a dependent beneficiary, also.
(d) in addition, if your wife were an internationally-celebrated theoretical mathematician, she could petition herself as EB-1, even with all the other petitions pending -- by the way, you'd be included in this petition, too.
(e) if your wife's L-2 employers think she's the best accountant / project manager / programmer / health educator / nursing administrator / professor / [insert appropriate EB-3 professional job title here] they have ever seen, they can apply for PERM for her. If her EB-3 is approved, you would be a dependent beneficiary.
See?
Hope that helps.
--J Craig Fong
That is: any individual may apply for any benefit (e.g., green card) s/he qualifies for, regardless of current visa status. Any individual may be the beneficiary of as many petitions as s/he can legitimately qualify for. Caveat: being petitioned for a green card can be seen as inconsistent with having or applying for certain nonimmigrant visas. Consult your immigration attorney.
So, for example:
(a) your wife may be an L-2, but if she is also a renowned specialist in ancient druidic art forms, she could be petitioned as a O-1 lecturer at an art institute, despite your being an L-1. You could ask to be made O-3, but why bother, when you have an L-1?
(b) if your wife has a US citizen brother, the brother can I-130 petition her (FB-4), notwithstanding that she may be a dependent beneficiary under any petition filed for you (e.g., L-1 to GC). By the way, you would be a dependent beneficiary under the brother's application for your wife.
(c) let's say that the US citizen brother long ago petitioned for the parents (IR-0), and the parents are now US citizens themselves; the parents can petition for your wife (FB-3), even if the brother has already filed for her as FB-4, and even if she is beneficiary under your company's petition for you. And you would be a dependent beneficiary, also.
(d) in addition, if your wife were an internationally-celebrated theoretical mathematician, she could petition herself as EB-1, even with all the other petitions pending -- by the way, you'd be included in this petition, too.
(e) if your wife's L-2 employers think she's the best accountant / project manager / programmer / health educator / nursing administrator / professor / [insert appropriate EB-3 professional job title here] they have ever seen, they can apply for PERM for her. If her EB-3 is approved, you would be a dependent beneficiary.
See?
Hope that helps.
--J Craig Fong
)None of the above applies to my wife
hope this tread may help others.
May 1st 2009, 6:19 pm
#8
US immigration lawyer.
Joined: Jan 2008
Location: Los Angeles & Palm Springs, California
Posts: 695
Re: L-2 to GC?
Astor:
Thanks for the kind words. It's true that many lawyers speak legalese, but in fairness to them, the truth is that for MANY kinds of cases and transactions, one can hire the lawyer and (mostly) leave the thing in their hands. They talk to the judges; they talk to other lawyers. They drive the car, and you go along for the ride.
In immigration, this is NOT true. First, the quality of YOUR information determine how well the immigration attorney can do for you. If you don't disclose something to your immigration attorney, or if you misrepresent something, it could be fatal. Also, because many consulates do not permit attorneys to attend interviews, the applicant is in many ways on his/her own. Thus, it is HIGHLY IMPORTANT that your immigration attorney be able to TEACH you, communicate the law understandably to you, and help you be your own advocate. That "teaching function" is critical for getting your status, and for keeping it. The only proof you need of this last is the thing that attorneys here on BE talk about: if you do ANYthing inconsistent with your visa status (immigrant or nonimmigrant), you could be thrown out of status or accused of abandonment.
During my years as an attorney -- and I graduated from law school in 1981! -- I have discovered that good immigration attorneys are also in part good social workers and good teachers.
Best of luck with your case. Let me know if I can assist.
--J
Thanks for the kind words. It's true that many lawyers speak legalese, but in fairness to them, the truth is that for MANY kinds of cases and transactions, one can hire the lawyer and (mostly) leave the thing in their hands. They talk to the judges; they talk to other lawyers. They drive the car, and you go along for the ride.
In immigration, this is NOT true. First, the quality of YOUR information determine how well the immigration attorney can do for you. If you don't disclose something to your immigration attorney, or if you misrepresent something, it could be fatal. Also, because many consulates do not permit attorneys to attend interviews, the applicant is in many ways on his/her own. Thus, it is HIGHLY IMPORTANT that your immigration attorney be able to TEACH you, communicate the law understandably to you, and help you be your own advocate. That "teaching function" is critical for getting your status, and for keeping it. The only proof you need of this last is the thing that attorneys here on BE talk about: if you do ANYthing inconsistent with your visa status (immigrant or nonimmigrant), you could be thrown out of status or accused of abandonment.
During my years as an attorney -- and I graduated from law school in 1981! -- I have discovered that good immigration attorneys are also in part good social workers and good teachers.
Best of luck with your case. Let me know if I can assist.
--J
