A newly approved green card has turned into a nightmare for a couple on L-1 and L-2 visas. They filed their applications concurrently, and the wife travelled abroad, assuming her status remained secure. The sequence of approvals changed everything.
A green card approved at the wrong time
Only the I-485 cases did not move together. The husband’s approval came first, shifting him from L-1 to Legal Permanent Resident status. Once this happened, the wife’s L-2 status lost its foundation.
The wife is now stuck abroad
Her ability to travel without Advance Parole applies only while the primary applicant holds L-1 status. The husband’s I-485 approval ended that status, which means the wife cannot re enter the US using L-2. This also places her I-485 at risk.
Case status signals risk of abandonment
The wife’s case still shows interview was scheduled. Since she is outside the US without AP, the application may be viewed as abandoned. The situation developed due to legal advice given before the approval came through.
Lawyer’s advice fails under new conditions
The lawyer told her she did not need AP while on L-1, which was correct at that time. The advice no longer applied once her husband became an LPR. Experts have called the situation a serious legal oversight.
The wife now has limited choices
She can remain abroad and wait for approval, then have the green card shipped, though that carries real risk. Another option is to request a Boarding Foil from a consulate to return. Both require urgent legal guidance.
They need legal help immediately
The couple must hire an immigration lawyer to choose the safest path. Attempting to enter the US without AP or a green card could lead to detainment and even deportation.
