I am asking for guidance and knowledge regarding my case.
My H-4 expired May 31st 2021. Due to lack of law knowledge my husband H-1 b is renewed up to sept 2023 by employer, But mine was not done.
My H4 ead was applied in July 2020 which got deny as my H4 is inactive.
We were not aware of inactive H4 until we got denial notice of H4 ead.
I am currently out of status and 120 days into unlawful presence. Planning to go India in last week of October once my kids visa is issued.
My husband with older kid will be staying in US.
What document I need and how to expedite my request? Any extra document needed for Consular office.
Can I take my kid with me during interview?
If anyone can help me with documents that help my case, so that delay can be avoided.
Thank you,
Shefali
@ichawla Were you able to file request with help of Senate? What was the expedite reason provided, can you please share transcript? I am in same boat. Appreciate prompt response.
Hi @ichawla , cna you please let us know if your wife is able to travel to india and got the visa stamped without any issues? as we are also in the same situation and our attorney raised MTR but didnot get any response yet but it has been 10 months.
Hi @Anil_Gupta ,we are also in the same situation…my wifes H4 visa was denied (june 2021)staying that my h1 was pulled back…but my old employers pulled back but not the new employer.USCIS wronlgly considered the old h1.So we raised an MTR and it has been 10 months but no reply from them yet…since from date of denail it is almost 10 months if she travels before this June 30 will her visa be denied? Can you please advise?
Hi @Sauvik_Ghosh glad to know that your wife’s visa got approved… congrats.
I have one question regarding my h4 overstay…
I overstayed on my h4 visa of 25 days… i came back to India and got dropbox appointment as i was eligible for dropbox… is there will be any issue??
I have read your wife’s case got approved through dropbox itself, may i know which consulate it was??
Thanks in advance and really waiting for your reply… plz help me on this
Hi @Anil_Gupta i have overstayed on my h4 visa for 25 days… will that is going to cause any issue during my h4 dropbox appointment?? I am currently in india
Congratulations on your wife’s visa.
I am in a similar situation and got the Dropbox appointment as I have no prior history. But I have overstayed for 5 months. Could you please share the list of documents you submitted at the time of Dropbox I would really appreciate it.
Hi Varsha,
Sorry for the delayed response and thank you!
I am truly sorry that you are in this situation. It can be VERY frustrating and confusing but stay calm. More calmer and positive you stay, the more chances of your visa getting approved.
Apart from all the required documents for H4 visa, I submitted a HRANKA waiver request professionally created by an immigration attorney.
Let me know if you need anything else. I pray it all works out for you and you are back in the US in no time
Thank you so much for your response and positive words.
My stay is 170 days so I checked with the lawyer and, he advised me to go directly for a stamping(a waiver needs to apply if the stay is more than 6 months). However, could you please share the attorney’s contact information of who handled your case? Also, please share the timeline of visa approval.
I look forward to hearing from you soon.
Thanks
Varsha
Hi Varsha,
The reasoning behind requesting a Hranka waiver is not based on you overstaying but more so on other humanitarian grounds. First, you must show that you do not pose a risk of harm to U.S. society. Second, you must prove that any prior criminal or immigration violations are not of a serious nature. Last, you must establish some valid reason for wishing to enter the United States that is not contrary to the remaining inadmissibility grounds discussed above.
(https://www.nolo.com/legal-encyclopedia/applying-nonimmigrant-visa-hranka-waiver.html#:~:text=First%2C%20you%20must%20show%20that,not%20of%20a%20serious%20nature.)
While preparing the waiver, the attorneys had asked me to get a Police Clearance Certificate (India and USA) for my wife as well to satisfy points one and two. Then the waiver continued on to establish how the forced separation will impact my wife and I should she not be allowed back in the US.
I hope that clarifies your concern. I had submitted the waiver with her drop box documents. Her visa was approved within 3 days from the time of submission.
I am not sure if the attorneys I worked with are still in business but here’s their info. Name of Attorney/Lawyer: Brito & Associates, LLC, Immigration Law Street: 1 W Market St City/State: Leesburg/Maryland Zip Code: 20176 Phone Number: +1 202-550-1414
For anyone else out there wondering how to mention their overstay on the DS form, read below.
The reason provided to me by my immigration lawyer was as follows:
“Oversight in filing for extension of H4 visa along with Spouse’s H1B extension due to grave misunderstanding of the law. An honest mistake.”
