H4 denied for my twin daughter, but approved for my twin son

aparnakt

By aparnakt,
in Non-Immigrant Issues

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aparnakt

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I currently live in the USA with an approved H1B.

 

9/22/2014, I received notice that H4 for my son is approved but denied for my daughter.

Applied L2 to H4 COS for my twin kids (son & daughter - Minor) via form I-594 with my son as first applicant and daughter as co-applicant in June 2014.

 

Reason: Non compliance to Title 8, Code of Federal Regulations, Section 103.2(a)(1) which states the form should be filled in accordance with the form instructions.
 

Form I-539, Application to Extend/Change Non immigrant Status states the following regarding applications with multiple applicants:
You may include your spouse and your unmarried children under 21 years of age as co-applicants in your application for the same extension or change of status, but only if you are all now in the same status or they are all in derivative status.
 

They gave the following reason:
Since the birth certificates submitted indicate the applicants are siblings and are ineligible to file as co-applicants as per the instructions in I-539, your daughter is denied from the application and recommending her to depart USA immediately to avoid accrual of unlawful presence as per section 212(a)(9)(B)

 

Several sites quote that we need to apply only one single for I-539 and if applying only for children, the older sibling should be applied as first applicant and the other siblings as co-applicants.

 

I am worried about the whole thing. Please advise on the best next steps. Also should I be worried about my minor daughter losing status and unlawful presence in the USA because of her application being denied.

 

Thanks in advance!

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