H4 EoS denied(USCIS error) - Have you ever been unlawfully present - DS 160 question


My H4 extension was mistakenly denied by USCIS referring to withdrawn I-129 petition of primary’s prior employer instead of considering the approved I-129(valid till May 2023) from current employer.

Filed H4 Nun Pro Trunc and I-290B MTR appeal and still pending decision. So, I departed U.S on 178th day from the date of H4 extension denial.

H4 - I94 Expired on: Aug 3, 2020
H4 extension filed on: June 15, 2020
H4 extension denied on: June 15, 2021
I-290B(Motion to Appeal) filed on: Aug 6, 2021 - Pending
H4 Nun Pro Trunc filed on: Dec 1, 2021 - Pending

DS 160 Question:
Have you ever been unlawfully present, overstayed the amount of time granted by an immigration official or otherwise violated the terms of a U.S. visa?

Clarification: I’m eligible for dropbox when I booked the visa appointment. Is it appropriate to mention as ‘No’ to DS 160 question due to the pending H4 Nun Pro Trunc petition considering its an USCIS error?

Can someone pleas advise if you faced similar situation?


I would suggest to talk to an attorney for your situation.

If you are okay, you can say ‘yes’ and then explain the sequence of events on DS160 form.

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