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GC approved only for adults not kids - can we apply for visa extension?

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  • GC approved only for adults not kids - can we apply for visa extension?

    Hi all,

    we have a very particular situation, I hope some of you can help us with:

    We are currently in our home country awaiting Visa (L1-A) extension interview on Monday July 11th. In the mean time we have our I-485 application approved (yesterday), but only for my spouse and myself; our kids (age 8 and 10) have not their cases approved yet. Also, we only have the Advanced Parole cards for three of us (one of the kids' , we never received), despite asking for missing documents twice of the last six months through USCIS.

    Now the question is, can we still go to the interview for the visa extension, in order to go to the US ASAP, since I only know the GC decision based on me checking online (since were not in the US, I obviously haven't received an official notice). Or would that in any way impact of GC validation?

    We've been in our home country for three weeks now.

    If we should wait for the GC's for all of us, if might take weeks before these are delivered..

    Any experience with this?

    Thanks.

  • #2
    I don't think the kids can get L2 visas anymore, because both parents are permanent residents. You and your spouse and the kid who has Advance Parole can all travel back to the US on your Advance Parole, but the kid who doesn't have Advance Parole is stuck. The problem is that since they don't have Advance Parole, they are relying on getting back on L2 visa, which is no longer possible when the parents become permanent residents. So waiting for the GC is probably the only option for that kid. (If their I-485 is approve and you don't want to wait for their plastic card to arrive, it may be possible to file I-131A for a transportation letter for that kid.)

    This is my personal opinion and is not to be construed as legal advice.

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