I-94 out of status for a Minor and Major for more that 365 days

S

sudhakartv

Registered Users (C)
Hi all,

Because of my mistake(Unawareness) I did not renewed my dependents H4 since Dec'13,2001.
I was in a feeling that as long as I maintain my H1B status, my dependents are also in legal status. We have applied for Visa revalidation for my whole family in Sep'2003 at St.Louise center and they have renewed my dependents Visa till 2005 even they are out status at that time.Which add strength to my wrong thinking.I have realized in Dec'2002 when Driver Licensing people asked I-94 for my Wife. Immodestly I applied I-539 at Texas region and while it is under process I changed employer and moved to Nebraska region. I explained this to my lawyer who applied my H1B. Then he applied I-539 withdrawal in Texas region and re applied in Nebraska region. My H1B approved last week. But I-539 is still under process. Till today my dependents are out of status for more that 365 days. I just want to check with you if any one had same kind of problem and what happened next.

2. My lawyer applying I-140 and I-485 with my Approved previous Labor certification.(Which was approved in April'2001 while my depends are in Status).

3.Assuming if I-539 is denied and if we get Advanced parole for my dependents, are they allowed to go India and come back safely?.

4.Assuming if we get a GC even then are they can go and come back safley or do we need to apply for any waiver after we get GC.
First kid age 3 years(borne in India) and second kid one year old borne in US.


Please Kindly advise me.Thanks a lot.
 
Originally posted by sudhakartv


We have applied for Visa revalidation for my whole family in Sep'2003 at St.Louise center and they have renewed my dependents Visa till 2005 even they are out status at that time.
Click to expand...


Do u mean sep 2002? So, ur dependents have valid visa stamp in their passports till 2005? They were out of status from dec 2001 till which date?


http://www.bcis.gov/graphics/publicaffairs/advisories/advisory.htm

I dont think there will be a problem travelling after u get a GC.

Ur second kid wont have any problem as he/she is born in US and is an US citizen.
 
Mr. Badobo,
My dependents are out of status from Dec'13th,2001. Visa was issued on November'19th 2002 based on my H1B. But they were still out of status at that time. I sent them copy's of Expired I-94's.

do think INS will consider extension of spouse I-94 as first son is under 18 years old and have one more chaild borne in US?. I-539 is under process through Lawyer. But I am little nerves about the results.

Thanks.
 
Mr. badobo,

My lawyer saying we can apply for I-140 and I-485 by paying Penalty($1000) for my spouse as she was out of status. Is there in problem for applying them? and is there any chance to get I-140 approval? or my spouse outof status makes any problem for I-140 approval?

Thanks
 
140 approval is for the employer and not employee.
INS wont give extension merely based on the fact that u have a US born kid.

Since ur spouse has been out of status for a long time - check with a good lawyer.
 
Originally posted by sudhakartv
Mr. Badobo,
do think INS will consider extension of spouse I-94 as first son is under 18 years old and have one more chaild borne in USThanks.
Click to expand...

The I-140 is an immigrant petition from the employer for the employee. The employer is the petitioner, the employee is the beneficiary.
------- I just had meant the same, may be not the correct words.
 
After all even If I get GC , Lawyer is saying my wife need to apply for a Waiver and it is difficult to get it. What is that Waiver ?. Do we really need that after having GC?

Thanks
 
expired I-94

Hi Sudhakar or anybody who could give help,

My friend is in a exactly the same situation like yours. It's just a silly mistake but they have to pay it dearly. She got in here legally but fell out of status since her husband didn't know that he should apply an H-4 extension, and their lawyer was ignorant too. I think it's been more than a year. Right now her husband is waiting to get his I-485 approved, his wife couldn't apply together because of her status. They've been married for 5 years.
Anyway, any progress in the case? Could your wife's I-94 get renewed? Their new lawyer suggested the wife to wait for 245(i), but it's very frustrating to wait for it since lots of republicans are just against immigrants right now, especially illegals.
I could really appreciate your answer, any update whatsoever.
Thank you.
 
phy,

In our case we have applied 485 together as our LC has been approved before April'30th 2001. So she is eligible to apply using 245(i). Recently we got our EAD's(both). So now she is temporarly in status till they made decision on GC. But still she can't leave country untill we heard about GC decision.

is your firend LC approved bofore 2001 April 30th ?.

Let me know if you need any more detatils.


Thanks.
Sudhakar
 
245i

Sudhakar,
Did you get your 140 approved already, what is your center, category and filing date?

Thanks,
MNP
 
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