H4 Status Problem and ReValidation

GGuy

Registered Users (C)
Situation

In Aug 2003, my employer filled for my H1 extension and forgot to file for my wife’s H4 extension. My wife was out of status and illegal for 90 days during Aug 2003 – Nov 2003.

In Nov 2003, applied for my wife’s H4 extension and got the approval with out any problem.

Question

1. Did any one experience the same situation and able to get visa revalidation from Chennai consulate?

2. How she answer ‘YES’ to the following question in the DS-156 form item 38

Have you ever violated the terms of a U.S. visa, or been unlawfully present in, or deported from, the United States?

3. Is it safe for us to go to Canada for visa revalidation? ( I don’t have a U. S degree)

Guys, Please share your thoughts on this.
 
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