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  • Extension of L2 visa - home or US?

    Hi all,
    Thanks in advance for your assistance in this forum.

    I'm the holder of L1A VISA. I was approved for 5 years, until 2021. My wife received L2 VISA which expires in a few months (she got it for 2 years only).

    Our legal advice who escorted the process said that in order to extend her visa, she needs to do so in the country of origin (Israel, and need to wait there until it's approved), but I've seen scattered information that such a request can be made while staying in the US. Could someone please help clarify? Perhaps even with a reference?

    Thanks very much!

  • #2
    Originally posted by basketball View Post
    Hi all,
    Thanks in advance for your assistance in this forum.

    I'm the holder of L1A VISA. I was approved for 5 years, until 2021. My wife received L2 VISA which expires in a few months (she got it for 2 years only).

    Our legal advice who escorted the process said that in order to extend her visa, she needs to do so in the country of origin (Israel, and need to wait there until it's approved), but I've seen scattered information that such a request can be made while staying in the US. Could someone please help clarify? Perhaps even with a reference?

    Thanks very much!
    Those are two separate things. Visas are only for entry, and you need a valid visa to enter. So if she needs to leave the US and re-enter after her current visa expires, she will need to get a new visa. Visas have nothing to do with her stay once in the US. If she doesn't need to leave the US and re-enter, she doesn't need a visa. If her status is expiring, she can apply to extend her status. Note that status only exists while in the US; if she leaves the US, her status (including any extension) ends and the next time she enters, she will get a new status from scratch on the basis of her visa.

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

    Comment


    • #3
      Originally posted by newacct View Post
      Those are two separate things. Visas are only for entry, and you need a valid visa to enter. So if she needs to leave the US and re-enter after her current visa expires, she will need to get a new visa. Visas have nothing to do with her stay once in the US. If she doesn't need to leave the US and re-enter, she doesn't need a visa. If her status is expiring, she can apply to extend her status. Note that status only exists while in the US; if she leaves the US, her status (including any extension) ends and the next time she enters, she will get a new status from scratch on the basis of her visa.
      Thanks Newacct but perhaps let me clarify the bottom line:

      She has L2 VISA in her passport - expiry date October 2018. We need her to have a new one with a later expiry date that will allow us to continue leaving and re-entering the states. I already took care of the status and I-797 etc, so only asking - Must we go back to Israel to get the new/extension of the visa, or can we do it while in the US?

      Thanks!

      Comment


      • #4
        Originally posted by basketball View Post
        Thanks Newacct but perhaps let me clarify the bottom line:

        She has L2 VISA in her passport - expiry date October 2018. We need her to have a new one with a later expiry date that will allow us to continue leaving and re-entering the states. I already took care of the status and I-797 etc, so only asking - Must we go back to Israel to get the new/extension of the visa, or can we do it while in the US?

        Thanks!
        A US "visa" is solely for entry to the US. She cannot get a US visa inside the US because, if she is already inside the US, she doesn't need to "enter". Only if she leaves the US can she get a US visa at a US consulate abroad, if she needs to re-enter the US.

        She can simply apply for the new visa on her first trip abroad after the visa expires. There is no reason to get a new visa before it expires, unless the first trip abroad she will take after the visa expires is so short that she can't apply for a visa during that time or something.

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

        Comment


        • #5
          Originally posted by newacct View Post
          A US "visa" is solely for entry to the US. She cannot get a US visa inside the US because, if she is already inside the US, she doesn't need to "enter". Only if she leaves the US can she get a US visa at a US consulate abroad, if she needs to re-enter the US.

          She can simply apply for the new visa on her first trip abroad after the visa expires. There is no reason to get a new visa before it expires, unless the first trip abroad she will take after the visa expires is so short that she can't apply for a visa during that time or something.
          Gotcha, can only get VISA abroad, thanks.
          You make it sound like it makes sense, but having your passport 'hostage' at a consulate which is not the country where you live, without any commitment on how long they will take to decide (and what if they deny? how do you come back to the US to clear your apartment?) is pretty dumb+scary.

          Anyway,
          Thanks again

          Comment

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