L2 Visa for spouse and kid. L1a currently in USA

[AnimatorLS]

Hello
my spouse is in USA on L1 A. I and our kid are awaiting to get a L2 Visa to join him. Do we qualify for the emergency category dependant Visa processing?

What documents are required? Thank you!

[Libra_14]

Do we qualify for the emergency category dependent Visa processing?

Yes.

What documents are required?

Proof that the primary L1 holder is in USA legally & proof of your relationship as spouse & child.

So copy of I797, I94, latest payslips etc would help.

[AnimatorLS]

Thank you for your help!
Are the approvals coming through for the exception cases?
i was told the consulate is sparsely resourced and approvals are on hold.

[toby_otto]

We have similar concerns. We filed L1A extension, L2 I-539, L2 EAD I-765 in the same packet on 11/04/2020. L1A was approved under premium processing on 11/13/2020.
We are looking to travel back home in Canada together but I have not received biometrics appointment per I-539 requirement. My current I-94 and EAD will be expired by 3/24/2021.

Can I file an emergency I-539/I-765 processing by the following documentation:

• L1 extension approval notice
• Letter explaining the need for L2 to accompany the L1 returning to the US in Feb 2021; need for L2 to continue working; and the desire for the family to be together
• Letter from L2's employer to explain importance of business continuity for approving L2's EAD renewal in timely basis
• Marriage certificate?

The attorney we hired noted there's no guarantee for approval, despite the US consulate general has resumed partial services due to COVID.
Has anyone successfully obtain the L2 visa/EAD visa & renewal outside of the US, processed by the embassy or US consulate general?

[Nowaker]

toby_otto What's the status update on your case? Did you end up getting the biometrics appointment for your L2 I-539 dependents? What was/is the date of the appointment? Any news on further actions, e.g. their L2 I-539 or L2 EADI-765 approvals?

[Libra_14]

You don't need to wait for your I539 approval if you are planning to go outside USA & return. 539 is just extension of your stay (extending your I94). which will be automatically extended if you move outside USA & re-enter into USA.

Just keep proof of I539 application during your visa interview (if any) or upon our re-entry - to prove that there was no unlawful stay.