My daughter I-94 expired but has valid visa

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bharathyraja1986

New Member
My daughter I-94 expired on feb 12th 2025 but has valid visa till jun 15th 2025. Looks like it was shortened due to her passport expiry .
i renewed her passport dec 2024. My spouse and younger daughter has I-94 until jun 2025. Only hers is like this .

what to do ? can i visit CBP office to correct it ?
 
bharathyraja1986 said:
My daughter I-94 expired on feb 12th 2025 but has valid visa till jun 15th 2025. Looks like it was shortened due to her passport expiry .
i renewed her passport dec 2024. My spouse and younger daughter has I-94 until jun 2025. Only hers is like this .

what to do ? can i visit CBP office to correct it ?
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How old is your daughter? Visa validity is not relevant once you are in the US, the i94 is what matters. If she is over 18 she is unlawfully present, but minors do not accumulate unlawful presence. You can’t “correct”it at CBP because it wasn’t a mistake to begin with. my understanding is that i94s are usually limited by passport validity. The solution would have been to extend status with USCIS, but you should have done that before the status expired.
What kind of visa is it?
 
SusieQQQ said:
How old is your daughter? Visa validity is not relevant once you are in the US, the i94 is what matters. If she is over 18 she is unlawfully present, but minors do not accumulate unlawful presence. You can’t “correct”it at CBP because it wasn’t a mistake to begin with. my understanding is that i94s are usually limited by passport validity. The solution would have been to extend status with USCIS, but you should have done that before the status expired.
What kind of visa is it?
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My daughter is 9 years old and she is in h4 visa
 
Yes that’s the last option I have . but I need to file h4 for family . If they travel my employer won’t file it together . Will get locked and it’s impacts her schools
 
In that case I would suggest you speak to the lawyer handling the visas for your employer to come up with a solution that works for both you and the company.
 
SusieQQQ said:
Well, at least at an H visa is not a problem to exit and immediately re-enter, that’s probably going to be your easiest/fastest route unless someone else here has other suggestions.
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Wouldn't their visa have been automatically voided by INA 222(g) though? I can't find anything that says people under 18 are exempt from INA 222(g).
 
newacct said:
Wouldn't their visa have been automatically voided by INA 222(g) though? I can't find anything that says people under 18 are exempt from INA 222(g).
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Oh… I didn’t think of that. That’s entirely possible. Again, his employer should have a lawyer who can suggest how to deal with this.

OP, by the way on this

bharathyraja1986 said:
it’s impacts her schools
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Assuming the child is at a public school, they do not ask/cannot deny based on immigration status (Plyler v Doe). But of course given the context the ideal is to get the child to legal status again asap.
 
@bharathyraja1986
Drive down to last port of entry USCBP office & bring it to their attention.

I believe at the time of entry your daughter's passport was not valid enough for USCBP officer to admit until I-94 date probably because passport was expiring before this date.
 
whitemimauz3 said:
@bharathyraja1986
Drive down to last port of entry USCBP office & bring it to their attention.

I believe at the time of entry your daughter's passport was not valid enough for USCBP officer to admit until I-94 date probably because passport was expiring before this date.
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what is “bringing it to their attention” going to do?

i googled a little after newacct’s comments above and confirm their view. Lawyer websites clearly states that even for a minor 222g applies, meaning the visa is automatically revoked as of the date of overstay. OP should have taken action before the i94 expired. If OP drives down to bring it to CBP‘s attention now then what is actually brought to their attention is that there is someone who has overstayed and no longer has a valid visa - maybe not the best idea with the current administration.
 
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To clarify for OP, this is the text of the clause:

g) Nonimmigrant visa void at conclusion of authorized period of stay​

(1) In the case of an alien who has been admitted on the basis of a nonimmigrant visa and remained in the United States beyond the period of stay authorized by the Attorney General, such visa shall be void beginning after the conclusion of such period of stay.

(2) An alien described in paragraph (1) shall be ineligible to be readmitted to the United States as a nonimmigrant, except-

(A) on the basis of a visa (other than the visa described in paragraph (1)) issued in a consular office located in the country of the alien's nationality (or, if there is no office in such country, in such other consular office as the Secretary of State shall specify); or

(B) where extraordinary circumstances are found by the Secretary of State to exist.
 
CBP officer was precluded from giving admit until date till validity of visa because of early passport expiration.

At this time I would suggest walk down to CBP office and if they cannot extend, then drive out of US and re-enter either thru Canada or Mexico.

It is only 10 days from its I-94 expiration date. In some cases USCIS & USCBP allows 10 days grace period on top of original status request date.
 
whitemimauz3 said:
CBP officer was precluded from giving admit until date till validity of visa because of early passport expiration.

At this time I would suggest walk down to CBP office and if they cannot extend, then drive out of US and re-enter either thru Canada or Mexico.

It is only 10 days from its I-94 expiration date. In some cases USCIS & USCBP allows 10 days grace period on top of original status request date.
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I understand why the i94 expiration date was linked to the passport; but it was OP’s responsibility to make sure it was extended in time. The daughter got a new passport in December, a good couple of months before the i94 expired, so OP can’t use that as a reason to ask for extenuating circumstances. I am not an expert on this but numerous google results say that there is no grace period at all for an H4 visa.

So, sincerely hope OP has a plan B if he tries your suggestion and CBP says sorry this visa is not valid, she cannot enter without a new visa - bearing in mind that 222g requires any new visa be issued from the applicant‘s home country, so if they are not actually from whichever neighboring country they try to enter from they will have to fly from there to home county and await a visa appointment. If that were me I would definitely be talking to company immigration lawyer before waving expired status or now-void visa in front of CBP, especially now.
 
Bharathyraja1986, could you please share the details of how you reached out to the CBP and how you requested them to get your daughter's I94 changed? We are in the same situation as yours.
 
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