Ask Me Help Desk - Spouse of G Visa Holder

I am a L1 Visa holder and my wife is working with the UN on L2-EAD. UN is asking her to join them on a G Visa. Will I also have to necessarily change to a G visa or can I continue to be on L1 Visa?

Hi

Yes. You will need to convert. The US Code of Federal Regulations, 22 CFR 41.24(b)(4) provides:
'An alien... entitled to classification under INA 101(a)(15)(G) shall be classified under the latter section, even if also eligible for another nonimmigrant classification.'

This means that if you are entitled to G4 dependent status (which you will be upon your wife becoming entitled to G4 status), then you must be so classified and admitted on a G4 dependent visa, even if you are eligible for another nonimmigrant visa category. That is, you will not be allowed to maintain your L1 status. The US mission that is processing your wife's G4 visa application will not issue the G4 visa until it has resolved your visa status, that is, until it also processes your conversion to G4 dependent status.

Your should note that once your status changes to G4 dependent, you will not able to work until you receive the required employment authorisation from USCIS (which, will take between three to six weeks).

You will also both need to leave the US to change from your present nonimmigrant status to G4 status.

Hope this helps.

Thanks for your help

Quote:

Originally Posted by nyskod

Hi

Yes. You will need to convert. The US Code of Federal Regulations, 22 CFR 41.24(b)(4) provides:
'An alien...entitled to classification under INA 101(a)(15)(G) shall be classified under the latter section, even if also eligible for another nonimmigrant classification.'

This means that if you are entitled to G4 dependent status (which you will be upon your wife becoming entitled to G4 status), then you must be so classified and admitted on a G4 dependent visa, even if you are eligible for another nonimmigrant visa category. That is, you will not be allowed to maintain your L1 status. The US mission that is processing your wife's G4 visa application will not issue the G4 visa until it has resolved your visa status, that is, until it also processes your conversion to G4 dependent status.

Your should note that once your status changes to G4 dependent, you will not able to work until you receive the required employment authorisation from USCIS (which, will take between three to six weeks).

You will also both need to leave the US to change from your present nonimmigrant status to G4 status.

Hope this helps.

Is there no way around this at all i.e. is the conversion from L1 to G4 dependent mandatory? I have a similar situation as above but do not want to convert to G4 dependent and want to see if there is any way around?