If my wife has a L2 dependant visa and is in India, can she visit me in the US, apply for a EAD while here, appear for the biometric appointment and then go back to India?

She has never come to the US before. Will going back to India make her application void as she will have to return her I-94, which I have read needs to be valid for the entire duration of the application process (~90 days)?

Asked on September 15, 2014 under Immigration Law, New York

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Yes, she can come in on the L-2 if she has a valid visa and you are still working in valid L-1 status and apply for the EAD, do the biometrics and then return to India.  I'm assuming she would return to the US once she gets the EAD; otherwise what is the point of applying for it?


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.