Expired I94


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Hi,

Please help me as I am stuck in a tight 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 6:16 PM, PriyaVel said:

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

Its good to check with an attorney about your options before going to a Mexico. I don't want you to be struck there with some other reason. May be filing an NPT will be able to fix it and you don't need to travel at all. 

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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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  • 7 months later...
On 2/17/2020 at 1:38 PM, solution said:

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.

Hi Solution,

My wife is the similar boat. 

Her H4 visa validity = Jan 31st, 2021

Old Passport Expiration date = Dec 29th 2019
I-94 date listed = Dec 29th 2019
Latest entry date to USA = June 3rd 2019 using old passport
New passport renewed in August 2019.
 
As we had a valid H4 visa until Jan 31st 2021, we didn't know that we have to go out of the country to get a new date on I-94.
 
I am reading in few websites that , there is NPT option that we can try ? what are your thoughts?
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