Wrong thread but needed advice from some seasoned worriers

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punjabi007

Registered Users (C)
Dear All,

Please advice me on this senario. My brother came to USA on vistor visa and over stayed and then went back to India without any problem ... Now he got married and his wife got H1 stampped from New Delhi consulate. So what his chance to get H4 stampped, Should he go with the passport had USA vistor visa stampped or should he make new passport from India and try to get H4 visa.

Please share any experience and suggest what is the best way to do for H4 for my brother.

Thanks
 
1. If he overstayed over 6 months (not counting the first six months his I-94 was valid) but less than 1 year, he can trigger the 3-year ban which means he is inadmissible for 3 years. If he overstayed over one year, that's a 10-year ban.

2. USCIS usually knows because of the I-94 he is supposed to return to the airlines on his way out of the US. That's one way they can know, among others.
 
punjabi007 said:
Dear All,

Please advice me on this senario.
My brother came to USA on vistor visa and over stayed and then went back to India without any problem ...

Now he got married and his wife got H1 stampped from New Delhi consulate.
So what his chance to get H4 stampped,
-----------When he came to US on visitor visa he was given I-94 for his stay in US and normally on Visitor visa they give I-94 for 6 months. How many days or years he stayed in US after his I-94 got expired?
Should he go with the passport had USA vistor visa stampped
or should he make new passport from India and try to get H4 visa.
----------------How He can get new passport when he has valid Indian passport? His name, father name, mother name, date of birth is going to be same even if by any fraud he tries to get new passport and new passport copy will have his old passport number on it and file number. If he is going to change his DOB or name or father name then that is fraud and crime according to Indian law.
Please share any experience and suggest what is the best way to do for H4 for my brother.

----------------- if stayed more than 6 months illegally in US then 3 year bar starts.

USCIS has his info about his illegal stay in US. When he departed US then he gave his white I-94 at airline counter and that I-94 goes to USCIS and they update the data in USCIS and DOS computer system. US consulates and US embassy are under DOS and they can check the info. If he tries to lie on form DS156 (form for Visa) then more problems.

Thanks
Click to expand...
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punjabi007 said:
He Stayed more than 6 month .... but how would USCIS knows he overstayed
Click to expand...

When did it happen? Count number of days he over stayed. You will write that information on DS-156. If you do not write then it is lying under oath. These numbers are important to give you some idea. You need to provide dates. People do not want to type in all scenarios for you.
 
Thanks everyone for reply... I guess my brother is out of luck .... He over stayed here more than three years ... I guess him and his wife should forget to come here....
 
punjabi007 said:
Thanks everyone for reply... I guess my brother is out of luck .... He over stayed here more than three years ... I guess him and his wife should forget to come here....
Click to expand...

He stayed illegally in US more than three years and it seems he also worked illegally in US.
 
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