My sons I94 validity expired due to passport expired and now out of status


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My Son(Minor 7 years) Initial I 539 is approved until March 2020 and he went to India for stamping and since his Passport is expiring in march 2018 he got his I94 until 2018 and we did not notice that his passport expired and was under assumption that his I539 - i 94 is valid till 2020  he is under legal status.

 

when we were filling for h4 extension  my attorney said my son was out of status and cannot file h4 extension.

Can you please suggest if there are any legal implication for my son  Future stay and if he goes for stamping in India and further issues 

he is 7 years old

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Hi,

          First of all don't panic. I understand this is difficult situation but you are not the first one to fall under this mess. Your  son is minor so unlawful presence wont apply to him. This is the biggest relief. He will  not be barred from coming to US under  3 year or 10 year bar as he is a minor. You need to tell your lawyer to fill Nunc pro Tunc (now for then) application for your son. This is done to restore the status. You have to mention why it happened and it was not done intentionally. You have to put regulation  8 C.F.R. 214.1(c)(4).   It is a technical error.I am not sure why your lawyer didn't tell you that. Even if USCIS doesn't restore status and gives I-797 B instead of I-797 A, your son can  go out of the country and apply for visa and once he gets visa he can come back. 

Let me know if you have any questions.

 

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  • 2 weeks later...

Hi,

Please help me as I am stuck in the similar situation. 

My Son(Minor 8 years) Initial I 539 is approved until May 2020 and he went to India for stamping in May 2018. He got new passport in April 2018. and since his Passport is expiring in April 2018 he got his I94 until 2018 and we did not notice that his passport expired and was under assumption that his I539 - i 94 is valid till 2020  he is under legal status.

 

We are about to file H4 extension soon and We noticed it now.

We are planning to Cross Mexico border and come back to USA in order to get new I94.

Can you please suggest if there are any legal implication for my son  Future stay and further issues.

he is 8 years old

 

Your help is much appreciated!

 

Thanks 

PriyaVel

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On 2/15/2020 at 3:57 PM, PriyaVel said:

Hi Deepika,

Did you find any solution to get new I-94? Kindly suggest me. I am also in the same situation

We are travelling back to India for visa stamping, we consulted a lawyer and they said since he is a minor unlawful presence will not be applicable and  explain the situation to visa officer if there are any questions and admit that it's an honest mistake from parents

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