What to Do When Your Visa Status Shows as 'Received' After Approval

Navigating the complex world of U.S. immigration can be challenging, especially when unexpected issues arise in your visa application process. One such issue is encountering a visa status that reads "Received" even after you have received an approval notice. This situation can be confusing and frustrating, particularly for beneficiaries of the L2 Visa, a nonimmigrant visa commonly issued to the spouses and unmarried children of L1 Visa holders. In this article, we will address this specific issue, explain the relevant immigration laws, and provide practical guidance on how to proceed.

What Is an L2 Visa and Who Is Eligible?

Before diving into the issue at hand, it's important to understand what an L2 Visa is and who qualifies for it. The L2 Visa is a nonimmigrant visa that allows the dependents of L1 Visa holders to enter the United States. Here are the eligibility criteria for an L2 Visa:

Spouse or Unmarried Children: Must be the spouse or an unmarried child under the age of 21 of an L1 Visa holder.
Valid L1 Status: The primary L1 Visa holder must maintain valid L1 status.
Proof of Relationship: Must provide documentation proving the relationship to the L1 Visa holder, such as a marriage certificate or birth certificate.

The L2 Visa is a temporary visa, and its validity is tied to the validity of the L1 Visa. It allows spouses to apply for work authorization in the U.S. by filing Form I-765, Application for Employment Authorization.

Why Does My Visa Status Show as 'Received' After Approval?

After receiving a visa approval, seeing the status as "Received" can be perplexing. This discrepancy usually occurs due to a delay in the USCIS (United States Citizenship and Immigration Services) system updating the status. It's important to understand the distinction between different stages of visa processing:

Petition Approval: When a visa petition (such as the Form I-129 for L1 Visas) is approved by USCIS, it means that the visa petition has been favorably adjudicated.
Visa Issuance: The Department of State, through U.S. embassies or consulates, issues the visa stamp, allowing entry into the U.S.
Status Updates: The USCIS system may take time to update the status from "Received" to "Approved" or "Issued," especially in cases involving communication between USCIS and the Department of State.

Legal Background: Understanding the Process

The issue of visa status discrepancies falls under several key legal frameworks and procedures:

USCIS Policy Manual: This manual provides guidance on the processing and status updates of visa petitions and applications. Delays in status updates can occur due to technical issues in updating systems between USCIS and the Department of State.
Immigration and Nationality Act (INA) Section 214(b): This section governs the issuance of nonimmigrant visas like L1 and L2, detailing the requirements for maintaining nonimmigrant status.
Code of Federal Regulations (CFR) Title 8 CFR 214: Provides regulatory details on nonimmigrant visa classifications, including L1 and L2 Visas.

Process and Requirements: What Should You Do Next?

If you find yourself in a situation where your visa status reads "Received" after an approval, consider the following steps:

Verify the Approval Notice: Double-check your approval notice from USCIS to ensure that there are no errors in the documentation.
Contact the U.S. Consulate or Embassy: Reach out to the consulate or embassy where your visa interview was conducted to confirm that they have received the approved petition and inquire about any potential delays.
Check Application Status Online: Use the USCIS online case status tool and the Department of State's Consular Electronic Application Center (CEAC) to track the status of your application.
Consult USCIS Contact Center: If discrepancies persist, contact the USCIS Contact Center for clarification and assistance. They can provide more information on system updates or technical issues.
Engage an Immigration Attorney: If the issue remains unresolved, consider consulting an experienced immigration attorney who can provide personalized advice based on the latest legal updates.

Common Challenges and Considerations

Here are some common questions and challenges you might face during this process:

What if My Visa Status Remains 'Received' for an Extended Period?

If your visa status remains unchanged for several weeks, it may indicate a system error or a required administrative processing step. In such cases, contacting the U.S. consulate or embassy is crucial to obtain status clarification.

How Long Does It Take for Visa Status to Update?

The time it takes for a status update can vary based on factors such as workload, system updates, and communication between USCIS and the Department of State. Generally, it should take a few days to weeks after approval for the status to reflect accurately.

Can I Enter the U.S. with a 'Received' Status?

No, to enter the U.S., you need a valid visa stamp in your passport. The "Received" status does not equate to a visa issuance, so you must wait until the status updates to "Issued."

Practical Tips and Recommendations

Monitor Regularly: Regularly check the status of your application through USCIS and CEAC portals.
Document Everything: Keep records of all communications with USCIS and the consulate, including dates, times, and the names of representatives you spoke with.
Prepare for Delays: Understand that processing times can vary and plan your travel accordingly.
Stay Informed: Keep up-to-date with any USCIS or Department of State announcements regarding processing times and system updates.

Next Steps: Taking Action

In conclusion, while encountering a "Received" status after visa approval can be concerning, it is often a temporary issue. By following the steps outlined above, you can navigate this situation effectively. If you're facing continued challenges, don't hesitate to seek professional legal assistance to ensure your visa process proceeds smoothly.

For those in need of further guidance, contacting an immigration attorney with expertise in handling L2 Visa issues can provide peace of mind and ensure that you receive the most current and applicable advice.

By staying informed and proactive, you can overcome this hurdle and move forward with your plans to join your family in the United States.

About This Post

This analysis was inspired by a public discussion on Reddit: https://reddit.com/r/immigration/comments/1q300ce/l2_visa_approved_in_london_but_now_the_status/

Immigration law is complex and constantly evolving. While this post provides general information based on current law and policy, every situation is unique.

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This post provides general information and is not legal advice. Laws can change and your facts matter. To get advice for your situation, schedule a consultation with an attorney.

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What to Do When Your Visa Status Shows as 'Received' After Approval