H4 - I-94 expired overstay. What to do?

redbus

New Member
My H1-B was approved in 2013 and I got a visa for 1 year till 12/22/2014 and I traveled alone to USA. I got my family’s stamping done on on 09/15/2014 which was till 12/22/2014 but then they could not travel. Then I got my H1-B extended till 12/22/2017. I had my family go for stamping again on 10/22/2014.

My wife got a visa till 10/16/2019 and my son got his visa till 12/22/2017. My family made a trip to USA on 12/24/2014 and reached Phoenix. My wife was given a I-94 till 12/23/2016 and my son got it till 12/22/2017.

This year in September I requested renewal of my visa which is under process. I requested the renewal for my son as it is also expiring. I did not realize that my wife’s I-94 had expired.

On 12/05/2017 I realized my wife has overstayed her I-94 by almost a year. I also noticed that my wife's visa does not have the correct PED and my latest I-797A mentioned on it, whereas my son's visa has the proper info. Due to this my wife was made to wait at the Port of Entry but was allowed in with an incorrect date.

Can we visit a CBP officer and have them correct the I-94? What actions should we anticipate?
 
On advice from an attorney, we visited a CBP Office and met with the Duty Officer. My wife's I-94 was updated according to the expiry on my I-797A. Just to let you know, I had asked the attorney if they could accompany us to the CBP Office, he said no and advised against it as CBP duty officers can construe it as ,"Oh, you have a lawyer". Please be advised that you be true to the duty officer and all will be ok.
 
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