H4 File Extn-Issues

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I strongly recommend you schedule a consultation as soon as possible to speak with one of our attorneys in regards to your specific situation as your wife's and child's continued stay in the US can have serious immigration consequences.

Generally, If their I-94 has expired 3 months ago it means they have been out of status and accruing unlawful presence since then. While there might be an option to file a Nunc pro Tunc petition for them, the likely best way forward is for them to leave the U.S. asap (not allowing 6 months of unlawful presence to accrue) and only return once their H4 petitions have been approved.

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