Karlosthecackle

Hi Everyone,

I'm in my 4th year here in the US, recently extended my L1A back in November and the firm will start me on GC in year 5.

My eldest son turned 18 in April. He has recently started to express an interest in coming to live with me here in the US. I'm wondering what would be the best way for me to make that happen. Is he still young enough to qualify for a dependants visa (under 21?)

Thanks in advance

Karlosthecackle

Apologies i should've done more research before posting here.

L2 is up to 21 so he should be good. Now to find out if the company is happy to fund it! :S

TheKingOfHearts

You should definitely look to bring him over now, ASAP. As a dependant, then when your company starts the petition for your GC he can be included in said petition, else he's shit out of luck once he turns 21, unless you individually petition him as a GC holder which is a whole other (long ass) timeline and expense.

lizzyq

If he really wants this get him over on a derivative L visa before the green card adjustment of status petition is submitted, otherwise you will have to file a follow to join submission and then he will have to get an immigrant visa from London as we are doing for our elder son.

AFAIK he will not be able to work on his derivative L visa until he gets an EAD, but that and the AP travel authorization are "free" with the AOS petition. He cannot adjust status to LPR (green card) from entry as a tourist on VWP with an ESTA.

retzie

Yes, but he will very much be a dependent (no possibility of work). I'm not sure why everyone is saying to bring him over ASAP. It seems to me it would be better to wait until the I-140 were (almost) approved. He needs to be in-country (on a visa, not VWP) to file AOS, but I don't see any reason to bring him in beforehand.

The L-2 should be issued very quickly when the time comes, so as long as he is still 21 or under, I would say hold off until the end is in sight on the I-140 approval. Otherwise, you will just have a bored 18 (19, 20, ...) year old sitting around the house. If he will be coming over to attend college, F-1 would be another option that doesn't involve waiting for the green card.

lizzyq

If the I-140 is submitted alone he could wait in the UK until such time as the I-485 is being prepared, if the I-485 is submitted concurrently with the I-140 he will need to be in the USA at that point.

lizzyq

For our AOS the company paid all the filing costs up front and then we had to reimburse the filing costs for the dependents.

fbf2006

The L2 is simply a matter of him going to the embassy with proof that you're on L-1 and proof of his relationship to you (a birth certificate). Does he plan to go to school once here? Because I do agree with the other poster that there's no rush if he'll just end up bored here. I believe dependent children on L2 are not eligible to apply for an EAD to work. There's not really much for the company to fund.

Rete

Just a thought .... The young adult will be bored silly especially since the parent lives in PA and not much for a young adult to do there unless they are going to school for a degree or further a skill. Would it not be beneficial to have the L2 in his passport and he comes to the US, spends the summer here, and then returns to the UK to work, etc. and then re-enters the US at the point that he would be eligible to apply for an EAD based on the company filing the I-140 and subsequent I-485 for change of status (if the company does not file both together) for parent(s) and himself? Would that even be allowed; leaving and living outside of the US for a year or more with perhaps only brief visits to parent(s) in the interim?

fbf2006

I agree with Rete and would take that route. Yes, he's definitely allowed to go in and out of the US on the L2. He doesn't have to stay here. People do so on H4 too.

lizzyq

Ah yes, I had forgotten that on the L2 there is no abandonment issue. We were O-1 & O-3 which, like the H visas, leads to being landlocked until the AP is received.

Steve_

He can study on L-2 no problem. I think the basic point here is whether he's okay going to college and whether the OP is okay paying for college because otherwise he's going to be bored senseless. And she can put him down as a dependent anyway, so he can always get an immigrant visa if and when she goes for a green card, provided he's under 21 or qualifies under the CSPA.

Given how much college costs in the US, my advice would be he stays where he is and goes to college there, maybe somewhere where the credits are transferable if that's even possible.

SanDiegogirl

If son is living with mother at the moment, even if he is 18 in April, will her permission be needed for him to move?

Steve_

What you mean the Family Act requirement, well he's 18 now so no.

SanDiegogirl

Not sure what the Family Act is, but I was just asking re the mother having sole custody and responsibility for the boy (as father has been in US for 4 years) so would she have to give her permission?

Once he is 18, as you say, probably not.