Can parents (on L1 visa) of US born citizen apply for GC?

[divyak]

Hi, we came to US on L1 and L2 visas and recently got blessed with a daughter. She's born in April this year in CA. Since she has the right to live in US as US citizen by birth; can we apply for GC on her basis. Does US law provide some clause for such cases ?
If yes, what's the procedure to start with and how long it takes and costs?

[rajesh007]

Hi there. I am in the same situation like yours and had posted the same question sometime back and got no replies. Hope someone responds to your query soon and me too can get some information. All the best.

[curiousone]

Do you mean apply for GC for yourselves based on having a USC child?

The answer is No. A USC can only apply for a GC for its parents if that USC is 21 and over.

[rajesh007]

Thanks for your reply. Is there a way by which we can stay in US permanently until the daughter is over 21. The obvious answer is NO but then surely there is a way out.

[curiousone]

Your daughters birth will not help you in any way to gain permanent residence. Its just that simple. You can apply for employment based GC based on your L status.

[saint_usa]

Hi, we came to US on L1 and L2 visas and recently got blessed with a daughter. She's born in April this year in CA. Since she has the right to live in US as US citizen by birth; can we apply for GC on her basis. Does US law provide some clause for such cases ?
If yes, what's the procedure to start with and how long it takes and costs?

NO, Parents of USC holding a valid non-immigrat VISA cannot apply for GC based on USC. only USC can apply for her parents GC once she makes 21yrs old. she earned the right to live in US by birth (naturally born citizen) but she goes where ever her parents go untill she becomes a major and decides to live in US.

better talk to any immigration atty. good luck