Mixed Insurance Banners Health Insurance for Visitors to USA

Announcement

Collapse
No announcement yet.

L1 visa extension with immigration intent quoted as a reason

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • L1 visa extension with immigration intent quoted as a reason



    I have had a L1A visa for 17 months, having worked for a large financial firm. The petition itself is valid for 18 more months, but the visa stamp is expired, requiring me to renew it at an embassy outside of the country.

    Three months ago, my company started the process to convert an EB1C green card, which will take a few more months to process unfortunately.

    During the visa appointment, the officer casually asked whether I had a green card application in process, to which I answered truthfully that I was indeed the case, with the interview going on uneventful for a few more minutes https://100001.onl/ .

    At the end of the interview, the officer informed me that my visa application had been denied, because my green card application clearly demonstrates immigration intent that is incompatible with the conditions of my visa. The rejection reason indicated in the paper is 214(b).

    Is there any recourse about this decision? At the same time I cannot deny that I would like to remain in the US (hence the green card application), but at the same time I wouldn’t do it should my application be rejected. I feel punished for intending to follow the rules.
    Last edited by jabujakan; 04-15-2023, 09:30 AM.

  • #2
    That doesn't make sense. L1 is not subject to INA 214(b). 9 FAM 402.12-13 says:
    Applicants for L visas are not subject to INA 214(b). In addition, INA 214(h) states that the fact that an applicant has sought or will seek permanent residence in the United States does not preclude them from obtaining or maintaining L nonimmigrant status. The applicant may legitimately come to the United States as a nonimmigrant under the L classification and depart voluntarily at the end of their authorized stay, and, at the same time, lawfully seek to become a permanent resident of the United States.​

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

    Comment

    {{modal[0].title}}

    X

    {{modal[0].content}}

    {{promo.content}}

    Working...
    X