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nraj80

I-94 Expired for H4 after Passport expiry

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I am on H1B and I have valid I-94 and VISA on my passport. My son who is in H4 has a valid stamping in his old passport till 2021. When we traveled back to the US from India last year with his old passport, he was given the I-94 until 3rd March 2019. He got his new passport now but missed to renew the I-94 that expired now on his old passport.

I live in Kansas and i spoke to the CBP officer here and they are not entertaining the renewal of I-94 at the airport.

What are my options?

1) I know technically he is not legal to stay in US since his I-94 already expired last week but I read in forums that we have 240 days time to get it renewed. Is it still true?

2) Can I travel to Laredo, TX without a valid I-94 on his passport now. If so, can i request at the border to get a new I-94. I have not done this before, so wanted to know if there is any timing that i should be there or is it just the border and you can get the I-94 any time and any day?

3) Can i check with any other airport CBP office and see if i can get the new I-94?

4) Or should i go through the USCIS options wherein i am not sure how long is it going to take?

Appreciate your timely response

 

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"9 FAM 40.92 N4.1 Minors

(CT: VISA -1741; 10-13-2011)

Any period of time that an alien spends unlawfully in the United States while under
the age of 18 would not count toward calculating the accrual of unlawful presence
for purposes of INA 212(a)(9)(B)."

Discuss the best option with your lawyer. You could cross over in to Mexico and return making an U turn and ask CBP at the border to issue him a new I94. 

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I did visit the CBP office yesterday and the officer confirmed that there is no legal issues for the 10 year old to overstay the I-94 expiry date as long as my H1-B is in valid status. I am not sure if this has anything to do with the petition since i didn't apply H4 extension as my family was in India during my H1-B extension and they got the VISA with my H1-B petition last year.

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