INS Advises on Admission of L-2 Nonimmigrants

U.S. Department of Justice

Immigration & Naturalization Service
HQ 245-C

SEP 15 1995

Carolyn J. Fuchs, Esq.
One Gateway Center, Suite 615
Newton, MA 02158-2802

Dear Ms. Fuchs:

This is in reply to your September 12 letter regarding aliens for admission as L-2 nonimmigrants subsequent to the principal alien's application for adjustment of status under section 245 of the Immigration and Nationality Act. You seek my opinion regarding the admissibility of such alien dependents under two scenarios: (1) when the principal applicant, having been admitted to L-1 status in the United States, has remained here to await the outcome of an application for adjustment of status; and (2) when the principal applicant, having applied for adjustment afterward departed and returned to the United States under advance parole.

I believe that section 214(h) of the Act provides for admission of the spouse and children of an adjustment applicant in scenario (1) above, provided that the principal alien is still maintaining L-1 status. However, an alien who has been paroled back to the United States is no longer in L-1 status; therefore, the dependents of such an alien would no longer be admissible as L-2 nonimmigrants.

I trust that this information will be helpful to you.

Sincerely,

Edward H. Skerrett
Chief, Immigrant Branch
Adjudications