Legal Question in Immigration Law in California

Hi,

whenn i came to US my child passport was vaild till 21 sep 2014.we renewal the passport on 5 sep 2014 but we did not renew his i 94.now only we came to know that we need to renew i94 also. how to proceed for him.kindly help me this situation.I am pregnant and my husband also in extension of H1b. We are in situation not able to travel abroad.Can we file I-539 to him to solve our problems.Waiting for your reply.


Asked on 11/28/14, 7:03 pm

1 Answer from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

If the period you were given lawful entry for (H-4?) has expired, and if you (the spouse, not the minor child) did not file for an extension prior to that time, then you cannot file now.

If your spouse already filed for an H-1B extension, then your H-4 extension should have been filed at the same time, which should have included your child on the I-539. If you omitted your child, you should still be able to file the child's I-539 now.

However, I cannot really give you sound legal advice, since I have not had the opportunity to review all of your documents & don't have enough information to assess your situation completely.

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Answered on 12/02/14, 9:38 am


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