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  • Follow-to-join

    Recently my PD become current under EB1C category. I am about to file for my I485. However because of this covid situation, my spouse & kid got stuck outside USA. Their L2 visa is also getting expired early next year.

    Can I still file I485 for myself & have them use follow-to-join category to file for their Green cards?

    Since my PD is current, my employer won't be filing for extension of my L1 visa anymore & hence they won't be able to get L2 after early next year. What are their options?

    https://www.immihelp.com/following-t...sed-greencard/ - this is little confusing - as to do I need to be a citizen first to sponsor GC for my family? or I can get GC & have them apply for GC abroad?

  • #2
    Originally posted by libra14 View Post
    Recently my PD become current under EB1C category. I am about to file for my I485. However because of this covid situation, my spouse & kid got stuck outside USA. Their L2 visa is also getting expired early next year.

    Can I still file I485 for myself & have them use follow-to-join category to file for their Green cards?
    Yes, but it will take a long time before they can come to the US that way. You can also file I-485 now and if they manage to come to the US on L2 later, they can file I-485 at that time.

    Originally posted by libra14 View Post
    Since my PD is current, my employer won't be filing for extension of my L1 visa anymore & hence they won't be able to get L2 after early next year. What are their options?
    They should hope to be able to come to the US before your L1 status expires. Otherwise, they have no options but to wait until they can immigrate through follow-to-join.

    Originally posted by libra14 View Post
    https://www.immihelp.com/following-t...sed-greencard/ - this is little confusing - as to do I need to be a citizen first to sponsor GC for my family? or I can get GC & have them apply for GC abroad?
    No. 1) Permanent residents can petition spouses and unmarried children too, not just citizens, and 2) You are trying to get them to immigrate as your derivative beneficiaries, without you having to separately petition them to immigrate. That's what follow to join means. They are immigrating as derivative beneficiaries, which they can do even after you immigrate, as long as you are still a permanent resident.

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

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