# L1 visa + family



## goalieadam (Sep 6, 2008)

Hi,

I'm am starting to look into the possibility of transferring with my company over to the US. My family consists of my wife, 6 month old daughter and 19 year old step son. My wife and I have been married 3 years. I believe I would be under an L1-B Visa.

From reading on the internet I believe I am correct in saying my step-son can come with us under my visa until he is 21.

If I am correct I need to get an understanding on what my stepson can do whilst over there and what he can do once he turns 21. He is a qualified stonemason now but I guess there is not much need for a stonemason in the US. 

Could he re-qualify as a student whilst there to get a visa in a field where workers are required? I know my wife can have the option to work whilst there, can my stepson apply to work too?

What is the sort of timescale for getting a green card?

Any advice is welcome

Thanks


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## Fatbrit (May 8, 2008)

When you move over on an L1b, your wife can work but your son can't. His choices are school, school or school -- basically. You usually qualify for the cheapest fees at college after one year of residency.....though this is area specific. The difference is considerable.

On his 21st birthday, he's out. If he wants to stay in college, you'll need a student visa for him to stay.......and he's back on the steep fees again.

The L1b will convert to a green card and your employer can sponsor you after a year. However, most L1b holders will be in the EB3 category -- and the waiting time here is long. So long at the moment in fact that they're not even bothering to give a date on the visa bulletin at the moment. If you get your PERM processed and petition for permanent residency in before your son turns 21, he's on the ticket regardless of the length of time it takes. (This is provided he does not marry -- although if he married a US citizen this obviously wouldn't be a problem!) IMO, it's touch and go whether you'd get the petition in within the deadline. You'd certainly need a cooperative employer to make it.

For him to qualify to stay through more education, it would be best to study to master's level or beyond in a subject that would give him a chance of obtaining suitable status. There are no guarantees.


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## goalieadam (Sep 6, 2008)

Many thanks fro your reply. That is pretty much as I thought!

One question on the application to convert to a green card.

If we did manage to get it in in time, i.e. before he was 21 what happens when he does turn 21?

Would he still have to leave?


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## Fatbrit (May 8, 2008)

goalieadam said:


> Many thanks fro your reply. That is pretty much as I thought!
> 
> One question on the application to convert to a green card.
> 
> ...


Good question -- but I am not at all sure of the answer! I think you would need to maintain his status through some other visa, e.g. F1, if he wanted to remain here between the ages of 21 and until the category became current.

Probably time for a legal consultation I would think, especially since your son's age adds so much complication to your plans.


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