abhi2 Posted February 22, 2019 Report Share Posted February 22, 2019 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 Link to comment
solution Posted February 25, 2019 Report Share Posted February 25, 2019 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. Link to comment
newacct Posted February 25, 2019 Report Share Posted February 25, 2019 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. Link to comment
solution Posted February 26, 2019 Report Share Posted February 26, 2019 Yes you are right, if the kids are under 18 then they won’t accrue unlawful presence. Link to comment
Tjgarla Posted May 16, 2019 Report Share Posted May 16, 2019 this is a NPT case. You can either apply for an i94 extension. Or leave the country and come back . Link to comment
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