L2 unlawful presence problem - approval chance?

[saranivi]

Hi,

My wife had her L2 I-94 till Dec 11 2009, I had my COS from L1 to H1, effective Oct 2009.

I requested for COS for L2 to H4 with my employer, but it didn't happen and due to some miscommunication, we came to know about it only by Oct 2010. My wife was advised to travel before Dec 11 2010, and return after 3 years. We left on Dec 9 2009.

Now the question is, since my L to H happened effective Oct 1st 2009, my wife's L2 becomes void from Oct 1 2009, and goes into out-of-status.

Will this period Oct 1 to Dec 11 - accounted into unlawful presence? Or it is after the I-94 end date?

Please clarify. I'm planning to travel again in L1A, need to know the L2 approval/denial chances.

Thanks
Sarav.

[Trinity71]

Hi,

My wife had her L2 I-94 till Dec 11 2009, I had my COS from L1 to H1, effective Oct 2009.

I requested for COS for L2 to H4 with my employer, but it didn't happen and due to some miscommunication, we came to know about it only by Oct 2010. My wife was advised to travel before Dec 11 2010, and return after 3 years. We left on Dec 9 2009.

Now the question is, since my L to H happened effective Oct 1st 2009, my wife's L2 becomes void from Oct 1 2009, and goes into out-of-status.

Will this period Oct 1 to Dec 11 - accounted into unlawful presence? Or it is after the I-94 end date?

Please clarify. I'm planning to travel again in L1A, need to know the L2 approval/denial chances.

Thanks
Sarav.

The dates you have posted are confusing. It says that you came to know that the COS didn't happen by Oct 2010 but left 12/9/2009? She would have been accruing unlawful presence from the date her L2 I-94 expire, so 12/11/2009. I think you mean you left 12/9/2010. That means she overstayed for basically a year, and that is why she received the 3 year ban barring her from re-entering the U.S. Anytime in the future when she applies for a visa, it can have a negative impact on her chances for approval. However, the ban has long been expired and there is purpose for her to travel as you will be coming on the L1 and therefore it makes sense for her to come with you on an L2. No one can know your chances because it is entirely up to the vo officer, but I would think she could be approved for the visa. All she can do is apply.

This is my opinion and not legal advice. Use of this information is strictly at your own risk.


Trinity71

[saranivi]

Thanks

Yes, I meant Dec 9 2010. Thanks for your reply.