Legal Question in Immigration Law in New Jersey

From H-4 visa to I-130

I am 21 and am on H-4 visa. My I-94 slip expires on 2003 even though I have turned 21 already. Is my stay in US valid and can I travel outside US? My father has recently got I-485 approved and has applied for my I-130.While my I-130 is being processed, do I have to have some other visa meanwhile? If so, what kind of visa?


Asked on 1/05/02, 3:19 pm

1 Answer from Attorneys
Carolyn Goldfarb Carolyn S. Goldfarb, Esq.

Re: From H-4 visa to I-130

In spite of what your I-94 may say, as soon as you hit age 21, you were no longer entitled to H4 status. Furthermore, as soon as your father adjusted his status, you were no longer entitled to H4 status.

The last thing you should do is to leave the US now. You could be summarily removed without a hearing upon your return. You could even be incarcerated under current conditions. If you are a fulltime student, you could change to F1 status. Beyond that is beyond the scope of this forum. You will need a consultation with a lawyer.

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Answered on 1/05/02, 8:36 pm


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