GC for immediate relative

[sumesh_abraham]

Hi,

I have a question. If a person who has got citizenship files for G.C for a immediate relative (own sister through I-130) and if the relative is in U.S already on L2 EAD, can he / she stay in U.S legally till GC is approved even if she is not working at the time of I-130 processing considering that visa has not expired?

Also, if the person has got citizenship recently, is there any minimum time period only after which he / she can file GC for immediate relative (via I-130)?

Thanks.

[mtouch]

Hi,

I have a question. If a person who has got citizenship files for G.C for a immediate relative (own sister through I-130) and if the relative is in U.S already on L2 EAD, can he / she stay in U.S legally till GC is approved even if she is not working at the time of I-130 processing considering that visa has not expired?

Also, if the person has got citizenship recently, is there any minimum time period only after which he / she can file GC for immediate relative (via I-130)?

Thanks.

#1: How long can I stay in the U.S. on L-2 visa?

You may stay as long as the primary L-1 visa holder maintains valid status, or up to a maximum of seven years, whichever is shorter.

#2: You can file petition as soon as you get naturalized.

[sumesh_abraham]

Thanks. If I-130 is in process and if the person for which green card is filed for goes out of status and has to leave the country (On L2 currently), can he get an Advance parole and leave the country without impacting the I-130 processing? Can the person come back just after Green card is approved?

[mtouch]

Thanks. If I-130 is in process and if the person for which green card is filed for goes out of status and has to leave the country (On L2 currently), can he get an Advance parole and leave the country without impacting the I-130 processing? Can the person come back just after Green card is approved?

#1: Read this: https://www.immihelp.com/i-485-adjus...ce-parole.html

-> in short a person who is out of status cannot apply for advance parole

#2: Can the person come back just after Green card is approved?

-> Yes, as long as he has a valid visa.

[daru786]

Thanks. If I-130 is in process and if the person for which green card is filed for goes out of status and has to leave the country (On L2 currently), can he get an Advance parole and leave the country without impacting the I-130 processing? Can the person come back just after Green card is approved?

Be very careful, if you are out of status, you may end up with a 3 or a 10 year ban from returning to US.