QUESTION

Can I apply for L2 visa after my Student and Exchanged Visitor Program expired in 2009?

Asked on Sep 05th, 2012 on Immigration - Florida
More details to this question:
I was an international student from India. I came to the US in December 2006. In 2009, my Student and Exchanged Visitor Program had been terminated. So I immediately returned to my country. I never tried any VISA after that. Now my husband is going US on L1A. I also want to go with him. Can I check whether my Student and Exchanged Visitor Program had been really terminated or not? Thanks in advance.
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3 ANSWERS

You should be eligible for a L-2 if you did not violate the conditions of your F-1 status while you were a student.
Answered on Sep 13th, 2012 at 1:58 PM

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Rebecca T White
I am not clear if you had any time in the US outside of lawful status as an exchange student. It sounds as though you have not, in which case an L-2 visa issuance should not be problematic for you.
Answered on Sep 13th, 2012 at 1:57 PM

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Immigration Law Attorney serving Orlando, FL at Stoller & Moreno, P.A.
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Sounds to me like you may benefit from the fact that most student related programs do not have a fixed date set for termination. Most of these visas (F, J or M) provide a stay in the US that is for the "duration of status". What that means is that the period of time during which a foreign national is permitted to remain in the US is not fixed by the expiration of their Form I-94. Instead, the foreign national is admitted for as long as it takes to complete a validly authorized program plus some additional time to travel and depart. For instance, an F-1 is fixed by a Form I-20. The Form I-20 will define the period of time necessary to complete the studies and while the student maintains the educational program, all is good. And once the program has been completed the individual is provided with an additional period of time to depart. So there isn't fixed date to leave. The other benefit to this is that if the program is terminated early and one departs the US without a determination that status has been violated, the individual has not accrued any unlawful status which may prevent a return to the US. So in your situation, the problem with having never terminated the program in accordance with the plan may likely to have resulted in any adverse consequences and in turn this would likely avoid any problems with qualifying for a new visa. Now with that said, do not misrepresent anything on the applications that you will file with the consulate. Your word is very important and you want to make sure that you disclose prior trips to the US and the fact that you did not complete a program for which a prior visa was issued. Answer all questions truthfully and you will be much better off than attempting to omit something and then be burdened with the possibility of trouble forever because of committing fraud. Just keep an eye out for the questions on the forms that ask about prior trips and disclose everything that is requested.
Answered on Sep 13th, 2012 at 1:56 PM

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