Ban for 3 Years

[srt_009]

 i am contacting you with an issue regarding my wife visa status.
she entered US with F2 Visa, because of miss guidance by my employer  we did not apply for her change of status when my I converted to H1(on OCT 1st 2013 from F1. And we dont know that her visa got cancelled once my  visa converted to H1(on oct 2013) and we didnt realize that until July 2013. Once we found out that she is out of status we contacted murthy law firm and we were given suggestion(doesn\'t gave any surety) that best option would be going to india and get stamped. so she left to india to get her H4 stamped and now she was banned to enter into US for 3 years.
I want to know all my option that are left to bring her back. We have a daughter 18months old was born in US.

 

Thanks

[rahul412]

 Once we found out that she is out of status we contacted murthy law firm 

Do the same again.

[pontevecchio]

Just a gentle reminder that it  was up to you guys to have done the right thing and not the employers remit. Secondly you would do well to get the guidance of the firm of Murthy or any other Lawyer of your choice. Did her F2 I94 say D/S on it? Or was it till a specific date.

[srt_009]

Just a gentle reminder that it  was up to you guys to have done the right thing and not the employers remit. Secondly you would do well to get the guidance of the firm of Murthy or any other Lawyer of your choice. Did her F2 I94 say D/S on it? Or was it till a specific date.

Her I94 have d/s on it

[srt_009]

Do the same again.

Did that took appointment, its on Tuesday 

[pontevecchio]

Then she is not subject to a three year or any ban. Only an Immigration Judge has the power to declare her in illegal status based on an application by the USCIS and you do not indicate any such occurrence. Only after the judge ruled so in such a case would the time for bans start. I suspect you may not be mentioning the whole story.

[srt_009]

Then she is not subject to a three year or any ban. Only an Immigration Judge has the power to declare her in illegal status based on an application by the USCIS and you do not indicate any such occurrence. Only after the judge ruled so in such a case would the time for bans start. I suspect you may not be mentioning the whole story.

 

We dont have anything like that she went to visa in chennai and the guy there told she have 3 year ban on her and gave her 212(a)(9)(B) form and mentioned she is eligible to apply for waiver  if waiver got approved then she may get visa