Legal Question in Immigration Law in Washington

My wife's current passport expires on July 27th 2011. If she applies for a 'change of status' from H4 to B2, she would be requesting an extension for a year, i.e., from 10/10/2010 to 10/10/2011. Her current H4 expires on 10/10/2010. The form I 539 states that her passport must be valid for the entire period of time she's extending her stay in the US for. When we contacted the Indian Consulate in SFO for her passport renewal, they said that she cant apply for a renewal until a year before her current passport's expiry date, which would mean that she wont be able to apply for renewal before 27th July 2010.

Given this situation, should we just go ahead and file form I 539 and request for a year's extension and expect them to know that she will renew her passprt when she can?


Asked on 4/21/10, 2:24 pm

1 Answer from Attorneys
Luba Smal Smal Immigration Law Office

You can't expect the USCIS to know that you are planning to renew passport in July. You can follow the instructions to the I-539 and apply if this is somehting you wish to do.

Why and on what grounds she will be requesting a change of status from H4 to B2, and why do you think it will be approved for a whole year? It might be advisable for you to consult a lawyer for a private consultation before filing any applications with the USCIS.

I offer paid confidential legal consultations and can assist in matters of the U.S. federal immigration law to clients from all 50 States and internationally. If you�d like to schedule a telephone or email legal consultation, need legal advice or help, please let me know and I�d be glad to help you. Please email at Attorney [@] law-visa-usa.com or LubaSmal [@] yahoo.com . Or you can TEXT a request for a consultation with an Attorney to 1-402-238-1238. Office Telephone line is 1-402-210-2040 (please email first to schedule a consultation).

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. If you would like to request a follow-up confidential advice on your specific situation and regarding U.S.A. immigration-related issues, we can offer a paid consultation by telephone or email to clients from all States and globally. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details.

Read more
Answered on 4/26/10, 2:36 pm


Related Questions & Answers

More Immigration Law questions and answers in Washington