H4 EXPIRY


DVSUBBARAO

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Accrual of unauthorized time in the United States after expiration of status (legally called "Unlawful Presence") is tolled when an individual is under 18. Assuming the individual is under 18, and no other ineligibilities apply, a H-4 dependent who has overstayed the expiration of their status is eligible to be issued a H-4 visa at the consulate. They should be prepared to explain the reasons why the status lapse occurred. If the individual is over 18, and has accrued 180 days or less of Unlawful Presence, they are barred from returning to the US after departure for 3 years. The bar increases to 10 years if the unlawful stay exceeded one year.

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