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I-94 expiry for minor
- Thread starter SEshwar
- Start date
Originally posted by SEshwar
Hi,
My son's I-94 has expired 2 years back and I was not aware that we need to file a separate application for him. He is 7 years old. Can anybody please advise on the course of action. A quick response is greatly appreciated.
thanks
You should consult with an immigration attorney immediately. Your son has accumulated more than 1 year of unlawful presence in the US and may be subject to 10 year bar from entering the US.
I'm in this mess too
Hi my old H1/I-94 expired in Jan'02 and the last time I went to INDIA was May'01. My Company filed for my extension and got it till Jul'04.
I was under the impression that I would get my H1 stamped in INDIA on my next visit, but it never came. As the result, I now have my H1 & I-94 overdue by over a year.
I'm in the Labor stage of my GC processing and don't know what to do.
Any guidence would be appreciated.
Hi my old H1/I-94 expired in Jan'02 and the last time I went to INDIA was May'01. My Company filed for my extension and got it till Jul'04.
I was under the impression that I would get my H1 stamped in INDIA on my next visit, but it never came. As the result, I now have my H1 & I-94 overdue by over a year.
I'm in the Labor stage of my GC processing and don't know what to do.
Any guidence would be appreciated.
Originally posted by SEshwar
Hi,
My son's I-94 has expired 2 years back and I was not aware that we need to file a separate application for him. He is 7 years old. Can anybody please advise on the course of action. A quick response is greatly appreciated.
thanks
SEshwar,
The 3/10 years readmission bars do NOT apply to minors. That said, however, please do get your son's status in order.
I-94 expiry for minor Q for Gilbert
My understanding is that immigration laws apply equally to adults AND minors. Can you post more details?
Originally posted by Gilbert
The 3/10 years readmission bars do NOT apply to minors. That said, however, please do get your son's status in order.
My understanding is that immigration laws apply equally to adults AND minors. Can you post more details?
INA 212(a)(9)(B)(iii)[on BCIS homepage]
Exceptions.-
(I) Minors.-No period of time in which an alien is under 18 years of age shall be taken into account in determining the period of unlawful presence in the United States under clause (i).
(II) Asylees.-No period of time in which an alien has a bona fide application for asylum pending under section 208 shall be taken into account in determining the period of unlawful presence in the United States under clause (i) unless the alien during such period was employed without authorization in the United States.
(III) Family unity.-No period of time in which the alien is a beneficiary of family unity protection pursuant to section 301 of the Immigration Act of 1990 shall be taken into account in determining the period of unlawful presence in the United States under clause (I).
(IV) Battered women and children.-Clause (i) shall not apply to an alien who would be described in paragraph (6)(A)(ii) if "violation of the terms of the alien's nonimmigrant visa" were substituted for "unlawful entry into the United States" in subclause (III) of that paragraph.
Exceptions.-
(I) Minors.-No period of time in which an alien is under 18 years of age shall be taken into account in determining the period of unlawful presence in the United States under clause (i).
(II) Asylees.-No period of time in which an alien has a bona fide application for asylum pending under section 208 shall be taken into account in determining the period of unlawful presence in the United States under clause (i) unless the alien during such period was employed without authorization in the United States.
(III) Family unity.-No period of time in which the alien is a beneficiary of family unity protection pursuant to section 301 of the Immigration Act of 1990 shall be taken into account in determining the period of unlawful presence in the United States under clause (I).
(IV) Battered women and children.-Clause (i) shall not apply to an alien who would be described in paragraph (6)(A)(ii) if "violation of the terms of the alien's nonimmigrant visa" were substituted for "unlawful entry into the United States" in subclause (III) of that paragraph.