Failure to file extension request for L-2 | Retroactive NPT Extension Approved | Avoiding Legal Status Loss
August 30, 2023

Table of ContenTS

The Law Offices of Sabrina Li has been successful in assisting another client. We would like to share their case with you.

The client held an L-2 visa and entered the United States with her mother, who had an L-1 visa. Before the client's mother's valid L-1 status expired, the mother submitted an L-1 extension application and mistakenly believed that if the L-1 extension was approved, the client's L-2 status would also be extended. Therefore, she did not file an extension request for the client at the same time.

The difficulty in the case was that the mistake in failing to apply for an L-2 extension was not discovered until the client's L-2 status was already expired for over six months.

Our knowledgeable team knew that our client could apply for a Nunc Pro Tunc extension, requesting that USCIS approve the extension, although it was filed untimely, and we could request that the extension be applied retroactively.

In our filing, we argued that the late filing was due to extraordinary circumstances beyond the client’s control. First, the COVID pandemic caused chaos and made it impossible for the client to request an L-2 via consular processing as the consulate had been closed. Second, our client’s failure to file was through no fault of her own, as her mother thought that the extension of the L-1 would automatically extend the client’s status as well.

After several months of waiting, USCIS finally approved the client's application, allowing the client to avoid the dilemma of losing her legal status and accumulating unlawful presence.

To be eligible for an extension of status inside of the United States, an individual must:

  • Be lawfully admitted to the United States with a nonimmigrant visa
  • Be in valid status and have not violated the conditions of admission
  • Be eligible for the status requested

However, even if an applicant needs to file an extension or change of status after the I-94 has expired, it can be approved by Nunc Pro Tunc to avoid the break in status in limited circumstances, if the applicant can show that:​

  1. The late filing was due to extraordinary circumstances;
  2. The extraordinary circumstances were beyond the applicant’s control;
  3. The delay in filing was reasonable, and the delay makes sense in light of what happened;
  4. The applicant is a bona fide Non-Immigrant;
  5. The applicant has not otherwise violated his/her visa status; AND
  6. The applicant is NOT in removal proceedings.

If you or someone you know faces a similar situation and requires the expertise of skilled professionals, look no further than the Law Offices of Sabrina Li. Call us today at (213) 375-8096 or email us at We are committed to providing the assistance you need, so please don't hesitate to reach out. We're here for you.

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