Hewitt, TX Immigration Law Firms & Lawyers

Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. Since we do not have all the facts, it is impossible to give a completely accurate answers. Why weren't the children declared? If you stated in your petition for permanent residency that you did not have any children, this could be considered a form of immigration fraud. I strongly suggest that you contact an experienced immigration attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. She would then be in a better position to analyze your case and advise you of your options.

The question is whether the EAD associated with the L-2 work authorization will survive a change of status to E-2 and a change back to L-2. My opinion is that it would not as the intervening status would have broken the continuity, and USCIS would likely want a new application. I do note that the EAD would look facially valid to any employer as you would be holding the correct visa status at the later point. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

This is very risky. Read the instructions of the change of status form at uscis.gov. If you marry a U.S. citizen, you can stay even if you had overstayed.