H4 visa expired 3 yrs

[hkcpa]

I am on h1. I forgot to file h4 for my wife and it has been 2 and 1/2 years past her 1-94 expired. Should we go to India and get new visa stamp. Please help. Also please let me know what complications may arise during interview

[JoeF]

If she leaves the country, she would have a 10-year entry ban, due to overstaying for over a year.

Filing Num Pro Tunc may help. Discuss the situation with a good immigration lawyer.

[hkcpa]

Hello Joef - Due to some family emergency she has to travel to India. We do not have enough time for Num Pro Tunc. How the VO in India will know that she over stayed?

[JoeF]

They will know. Have you not heard of computers and databases???

If she leaves the country, she will have a 10-year ban!

 

[shekar11#]

On 12/14/2016 at 7:24 AM, hkcpa said:

Hello Joef - Due to some family emergency she has to travel to India. We do not have enough time for Num Pro Tunc. How the VO in India will know that she over stayed?

VO's all over the world have access to everyone's records who are going for obtaining a visa stamp. How would you think they would be issuing visas without looking at a person's history. You need to contact a good immigration attorney or else your spouse would be facing a 10 year ban.

[JoeF]

7 hours ago, shekar11# said:

VO's all over the world have access to everyone's records who are going for obtaining a visa stamp. How would you think they would be issuing visas without looking at a person's history. You need to contact a good immigration attorney or else your spouse would be facing a 10 year ban.

Yeah, I don't get how anybody can think that they can outsmart the VOs...

If the OP is oh so smart, he would have made sure that his spouse's papers are ok 2 1/2 years ago...

To the OP: you have to make time for getting this sorted out, or your wife WILL HAVE a 10-year ban! No but or if. You either take the time, or she won't be coming back for 10 years. Your choice...