+1-800-997-1228
Questions & Answers

How will applying for an L-1 visa affect my I-526 approval?

My I-526 petition has already been approved. However, considering the waiting time for the NVC/consular processing, is it possible for me to quickly obtain an L-1 visa in the meantime? Could I then adjust status in the United States?

Answers

  • Avatar

    Jimena G Cabrera

    Immigration Attorney
    Answered on

    The L-1 visa is a dual intent visa, so you may apply for it while waiting for the consular processing or visa availability. If granted, you can adjust your status while in the United States.

  • Avatar

    John J Downey

    Immigration Attorney
    Answered on

    You could try and possibly apply for premium processing on the L-1. I would check with the attorney who filed your I-526 (if you used an attorney), if not I would retain one for the L-1 process.

  • Avatar

    Abhinav Lohia

    Immigration Attorney
    Answered on

    L-1A is a dual intent visa. However at the time of entering the United States on an L-1 visa, you should not have an intent to permanently reside in the United States. An approved I-526 is a clear indication of your immigrant intent. Therefore you are advised to wait for NVC processing and enter the United States with a green card.

  • Avatar

    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    The L-1 is a dual intent visa and will not adversely impact an I-526 filing, although be sure to disclose it on the I-129L.

  • Avatar

    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    An L-1 visa petition and/or visa application abroad should not have any effect on your I-526 case. An L-1 nonimmigrant visa is one with "dual intent." This means that you do not have to overcome the presumption that you are an intending immigrant in order to receive this type of nonimmigrant visa. If you are in the United Status in valid nonimmigrant visa status, including L-1 status, and you have an approved I-526 petition with a current priority date, you may apply for adjustment of status.

  • Avatar

    Ian E Scott

    Immigration Attorney
    Answered on

    An L visa is a dual intent visa so you can get that even after a green card (EB-5) petition has been filed. With an L visa, you can enter the United States and adjust status while in the United States.

  • Avatar

    Jinhee Wilde

    Immigration Attorney
    Answered on

    The L-1 visa category is a two-step process: first filing the I-129 with USCIS and when that is approved, you can file the DS-160 at the consulate. The I-129 processing times at USCIS are getting longer recently up to 12 months from what we hear. Thus, since your I-526 is already approved, unless you are from mainland China and stuck on retrogression, you are better off waiting for the DS-260 immigrant visa process, which takes about six months.

  • Avatar

    Salvatore Picataggio

    Immigration Attorney
    Answered on

    It may be hard to get a nonimmigrant visa with an immigrant petition approved. Getting the I-526 approved is hard enough to risk issues with dual intent.

  • Avatar

    Raymond Lahoud

    Immigration Attorney
    Answered on

    Given that a L-1 visa is a dual intent visa, I do not foresee it having any effect on your approved I-526 and your adjusting status in the United States.

Add your comment

Use a Facebook account to add a comment, subject to Facebook's Terms of Service and Privacy Policy. Your Facebook name, photo & other personal information you make public on Facebook will appear with your comment.