dwhittles

Need some advice..

Me and the family are in the US on the VWP. I am expecting an L1 A approval to come through in the next few days for myself as the principal applicant.

My question is this: Obviously I will need to arrange to go back for interview at the embassy but can my kids stay in the US whilst I do this?

What status do they have as children of an L1 visa holder? Do they have to leave the US since they came out on the VWP

Noorah101

Your children would receive L-2 visas. They need to obtain the L-2 visas at a US Embassy.

Rene

dwhittles

i forgot to mention that my children are 3 yrs old and 18 months old, therefore do not need to attend the interview.

My question is more about what happens to their status once the L1 is approved.

We came into the US on New Years Eve and have until 31 March before we have to leave. What happens if we receive L1 approval before that date?

Can just myself and my wife attend interview and leave the kids in the US?

Noorah101

Sorry, I'm also not that familiar with the L visas. The kids might not need to attend the interview, but don't they still need the L-2 visa in their passports?

This just does not sound possible to me. With other types of visas, the derivative visa holder (L-2) cannot enter the USA ahead of the principal visa holder (L-1). In your scenario above, the kids would be in the USA ahead of you. Plus, they'd still have to leave on March 31, since they'd only be on the VWP (they shouldn't overstay) and would still need to exit the USA in order to get their L-2 visas.

I'm sure someone else will come along soon with more (better) info.

Rene

ian-mstm

They still need to get visas put in their passports.


Once your L-1 is approved, your children will need to apply for L-2 visas... or, considering their age, you will need to apply for L-2 visas on their behalf. You can probably do this immediately after getting your L-1 approval.


Nothing happens. You still need to leave the US to get the visas put in your passport. You can't change status while on the VWP.


You may not need to take them to the interview, but you can't just leave them in the US. They must get visas put in their passports and, like you and your wife, they must exit and then re-enter the US using the visa in those passports.

Ian

dwhittles

Ok.. So the deal is that even if I take my childrens passport to europe and have the L2 visas placed in them and return to the US with their passports, they still have to exit and re-enter the US to somehow validate the L2 visas?

Is this correct?

meauxna

The difference you're missing is between documents and status.

Right now, they are in the US, as tourists, on the VWP. They were admitted in that "status", which is only valid for 90 days. They can not change status from VWP to anything else, which is a rule specific to the VWP.

If you want them to live in the US as L-2s, they need to exit the US and re-enter so they can get a new admission in the correct status.

Presumably you also have an immigration attorney who arranged your petition and visa applications? It would be appropriate for you to get advice from that person.

dwhittles

Yes I do have an attorney but his assumption was that we would all return to Europe for the Visa interview.

However, I am now exploring other possibilities since two 10 hr flights with 2 young children in the space of several days is not something that I look forward to, let alone the jet lag.

Does the contiguous territories rule apply here? Any advice on the nearest place we can go?

meauxna

Can you not challenge his assumption? I understand what you want to do, but I don't know how to accomplish it and I have never seen it discussed. A professional opinion on that would be a Very Good Thing.

S Folinsky

Out of curiosity, what does the lawyer say?

Flabound oneday

i am sure they need to leave so they can get the I94 stamped when they return ???

ian-mstm

Correct - and they, like you, must leave the US within the 90-day validity of their VW. If you get the visas, you and your wife can enter the US as L-1 and L-2 respectively... but the children must also exit and re-enter the US so they can be admitted in L-2 status... and they must do that within the 90-day validity of their VW. I'm pretty sure a day trip to Canada or Mexico will suffice for that.

Oh... one other thing... you may put yourself in a tenuous situation if someone suspects that you've abandoned your children while you and your wife fly off to Europe. I don't think any of us here think that because we understand what you're trying to do... however, someone not familiar with immigration might think that.

Ian

N1cky

Why do you have to go to Europe for the interview, can't you just go to Canada?

dwhittles

What?!

N1cky

You need to go to an American Embassy for your visa right? Why not go to one in Canada instead of Europe?