L2 to H4 COS denied for 1 of my twin children


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I am in a unique situation. Currenty living in the USA.


We applied for L2 to H4 COS in June 2014 for my twin children (Son & Daughter - Minor) using one single application form I-539 (Application to Extend/Change Nonimmigrant Status). My Son was filed as the first applicant & my daughter as the co-applicant.


9/22/2014 received notice from USCIS that H4 was approved for my son but denied for my daughter and the explanation given is no compliance to "Title 8, Code of Federal Regulations, Section 103.2(a)(1) which states that the form submitted should be filled in accordance with form instructions.


The instruction for Form I-539 states the following regarding applications with multiple applicants:

You may include your spouse and your unmarried children under 21 years of age as co-applicants in your application for the same extention or change of status, but only if you are all now in the same status or they are all in derivative status.


The COS was denied stating siblings are nor eligible to file as co-applicants and that my minor daughter should depart USA immediately!!!! to avoid accrual of unlawful presence under section 212(a)(9)(B).


Please advise. I am worried if my minor daughter will be out of status and what do I do immediately.







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