Can my wife come back to US on L2 based on my I-94 and petition? 4 Answers as of July 03, 2013

I have a valid I-94 and approved I797A but not a valid visa. My wife who was on L1 got the rejection on L1 extension.

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Law Office of Adebola Asekun | Adebola O. Asekun
Depending on how recently her L1 extension request was denied, your wife may or may be unable to re-enter the US, because, when she appears at a US port of entry, CBP will inter alia check its databases including CLAIMS. If CLAIMS shows her L1 was denied less than 33 days ago, the CBP officer may on his own discretion parole her into the country to file an appeal or motion to reconsider the denial. But if the denial was dated well outside of the 33 day appeal/motion deadline, she may either be refused entry or charged into removal proceedings as an arriving alien not in possession of entry documents.
Answer Applies to: New York
Replied: 7/3/2013
Immigration Law Offices, LLP
Immigration Law Offices, LLP | Fakhrudeen Hussain
If you are in the US on L1, your wife can apply for L2 visa at the US consulate in her country.
Answer Applies to: California
Replied: 7/2/2013
Christian Schmidt, Attorney at Law
Christian Schmidt, Attorney at Law | Christian Schmidt
Your wife must apply for an L-2 visa with proof that you maintain L-1 status. Your I-94 and approval notice is sufficient.
Answer Applies to: California
Replied: 7/2/2013
Law Offices of Svetlana Boukhny
Law Offices of Svetlana Boukhny | Svetlana Boukhny
If she has a valid L-2 visa, she can reenter. Some consulates will not issue a dependent visa unless the principal has the actual visa but this is something you have to inquire with the specific consulate.
Answer Applies to: California
Replied: 7/2/2013
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