Jump to content
All posts are moderated, so it will take time for your post to appear!
Search In
  • More options...
Find results that contain...
Find results in...
Padma22

I-94 expired 9 months ago visa valid

Recommended Posts

Hi All

I am a H4 dependent visa holder.My I-94 date has expired 9 months ago on Feb-2018 due to my old passport expiration date.But the visa stamped on my old passport is valid still Dec-2019.I have got a new passport valid until Nov 2027 but missed to apply for my I-94 extension. I realized today that I am currently on out of status and I am not eligible for I-539. What should I do to get a new I-94? Can I go to a nearest local CBP office and get it corrected after explaining my situation or else should I go/cross the Canada border(which is quite near to my place)and get stamped with new I-94 on re-entry?

 

Share this post


Link to post

Your only option would be to file nunc-pro-tunc. Discuss this with an immigration lawyer ASAP.

Do not go to a CBP office, you could get arrested and deported. Also, if you travel out of the country you would be banned for 3 years.

 

Share this post


Link to post

Unfortunately you are in a serious situation as you have been out of status for more that 180days...if you leave, you may get barred from re-entry. Visa stamp being valid till Dec-2019 will not give you any relief...it is the I-94 date that matters. You need to consult a good Immigration ASAP. Your case may qualify for a nunc pro tunc (See the article posted on 30-MAR-2012 on Murthy.com under the success stories) but only a qualified attorney can determine for sure.

 

Share this post


Link to post

Thank you for your suggestions. I have some more queries. How much time is required for reinstatement to get approved from USCIS? Is there any premium processing option for H4 holder? Or Do I need to get a new H4 visa stamping from home country and again re-enter US? Will there be a problem at consulate for getting approval for new h4 visa?  Can somebody narrate you experiences on both circumstances.

Share this post


Link to post
5 hours ago, Padma22 said:

Any suggestions.Please help.

I already told you, you need to talk to a good immigration lawyer ASAP!

 

Share this post


Link to post

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×