Kids I-94 expired 210 days ago

[abhi2]

Hi,

My kids I-94 expired 210 days ago, His visa is until 2020.

His I-94 was issued based on his passport expiry. We have the new passport. 

What can be done. 

Regards

Abhilash

[solution]

This is a complicated issue. It is very critical that you talk with  your lawyer first. I think he will recommend to file Nunc Pro tunc application for your kids. Nunc pro tunc means filing now for then.  It is upto USCIS to forgive it or not. If they forgive they will give I-797A with  new I-94 with their approval. If USCIS don't then they might give  I-797 B. It means they have to go out of the country for stamping. Once they go out of the country they will trigger 3 year bar. It means they cannot come to US for 3 years. It will be very difficult to get visa at consulate. 

Secondly you can go to CBP office and request them to update your kids I-94. Tell them what happened and if the officer is nice then he or she might issue you new I-94 which will match their visa expiry. Some CBP offices are more accommodating then others. 

All the options are risky, but you have to take chances. Also this is not that uncommon. This happens with lot of people. 

Let me know if you have any questions.

 

[newacct]

6 hours ago, solution said:

Once they go out of the country they will trigger 3 year bar. It means they cannot come to US for 3 years.

 

Not true. One does not accrue "unlawful presence" for the purposes of the 3/10-year unlawful presence ban while one is under the age of 18. So if the OP's kids are under the age of 18.5, they would trigger no ban upon leaving the US, no matter how long many years they may have overstayed.

[solution]

Yes you are right, if the kids are under 18 then they won’t accrue unlawful presence. 

[Tjgarla]

this is a NPT case. You can either apply for an i94 extension. Or leave the country and come back .