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

In Immigration Law
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?

Answers (1)

196 votes
I 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.

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