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neeta.nine

Motion to Reopen current timeline/options

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H4 application was abandoned due to missed Fingerprints appointment and it has been 150 days of unlawful presence . I-94 expired 14 months ago and H4 was timely filed before I-94 expired along with H1B. H1B approved. H4 denied. Filed for Motion to Reopen and receipted 77 days ago. 2 Expedite requests denied to reopen Motion. Missed FP since Original FP letter did not come in mail. Raised SR and USCIS sent email giving 87 days to reschedule and all evidences that reschedule request reached USCIS in time was submitted in MTR (I-290B).

1. How soon will USCIS reopen a Motion?

2. Have young U.S Citizen children to take care of and dreading to leave U.S during pandemic with Delta/plus variant and consulates not operating in home country/getting stuck and separated from family indefinitely and putting life at risk. Any options to avoid travel by law? Will there be a forceful deportation?

3. What are the consequences of overstaying more than 180 days (and <365 days) and not leaving U.S other than triggering the 3 year re-entry ban which applied only if one departs U.S?

4. Will the MTR be not reopened if I overstay more than 180 days and wait it out since it an USCIS error?

5. Is a non-immigrant eligible to apply for waiver of inadmissibility without leaving U.S and even before reaching the 180 days?

6. Will this effect GC  filing in future? Husband H1B holder and his visa was approved for 3 more years - he works for health care and ready to file for GC.

7. For someone who abides by the law and strictly follows the law is there no way to avoid this endangering lives situation due to the pandemic travel with so many unknows risks and timelines? Is this it?

-A worried mother of 2.

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Please don't wait for motion to be processed quickly. There is no timeline to finish Motions. My motion was filed 183 days ago and still is in processing.

Considering your unlawful presence situation, there is a humanitarian parole option which you can try ( no one can assure you about the outcome but this will at least show that you tried the legal route). If you're planning to apply, then do it with the help of a lawyer.

Humanitarian Parole: https://www.uscis.gov/forms/explore-my-options/humanitarian-parole

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