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


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?

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