quesWhat if son-in-law does not include daughter's name in green card form

My daughter was married 5 years back. Since then she is staying in US with her husband. She also has a 4 year old daughter and she has a US passport. Now there is some tiff between them. The husband is now applying for US green. What will happen if he doesn't include my daughter's name in the green card. Presently they are living with L1 and L2 visa. What will happen if she returns back home? How can she go back?

  • ansI am assuming that your son-in-law is pursing employment-based green card. If your son-in-law does not include your daughter's name on the Form I-140, Immigrant Petition for Alien Worker, she will not able to get her green card either through adjustment of status in the United States or through Consular Processing at the U.S. Consulate in India. It is critical that her name gets listed on the Form I-140.

    If your daughter returns to India, she may be allowed to travel back to the United States using her L-2 valid visa till the time she remains married to your current son-in-law. If her visa has expired, she would need to obtain a dependent visa (L-2) in order to travel back to the United States. It is a must that she remains married in order to obtain the L-2 visa and should have proof that her husband is currently maintaining valid L nonimmigrant status in the United States.

    The situation might change if your daughter finds an employer in the United States who can sponsor her for an H-1B visa. If that happens, she can have her own H-1B visa and she will no longer be on a dependent visa like L-2.

    I hope this helps.

  • Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Immigration Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
Consult best Immigration lawyers in India

Similar questions

my usa tourist visa was denied twice. I am indian and my husband is a…

can a person get visa if a criminal case is going on against the person.

Sir I applied for student visa for may intake but yesterday I get refused letter…
My South African visa got rejected stating incomplete bookings .I have given all my flight…

Immigration Lawyers in India

Advocate Geetinder Singh

  Lawrence Road
 Experience: 6 years

Advocate Farhat Warsi Singh

  JMD Regent Square
 Experience: 14 years

Advocate Rabindra Kumar Singh

 Experience: 12 years

Advocate Tamara Relis

  W 44th St
 Experience: 19 years

View all >>

Quick Consult

Get 15 Minutes of Expert Legal Advice on Phone right now

Ask a Free Question

Post a Question online and get free advice from multiple lawyers by email

Find a Lawyer

Easily find and book private consults with top lawyers in India

Get Fee Estimate

Receive multiple quotations for your legal requirement instantly