Out of status in US.No OCI card for US born daughter. Need to leave US immediately

[vijayb4u83]

Hello all,

My H1B extension got denied and am out of status from Feb 8th 2016 in the United States.

We would like to leave the US for India ASAP. But our US born 18 months old daughter doesnot have OCI card yet.

The only reason we're still in the US is for 2 reasons - 1. Sick wife and daughter who are undergoing medical treatment and 2. Looking for options as mentioned below.

Looking for options on how to leave to India. Upon googling, found that e-VISA is valid only for 30 days from the date of landing. However I'm uncertain at this point of time how long my re-applying of H1B process takes (My employer is filing my H1B again based on my approved I-140). If it gets completed with in 30 days, we'll be back and get OCI card processing started. But if it takes more than 30 days, then my daughter would be out of status in India.

- Can I apply for regular tourist VISA from India for my daughter as I can't apply for OCI unless I get back my legal status in the United States.
- Will there be any questions at the port of entry for US, for my long stay in US after we're out of status ? (Will they hear my concerns about the medical condition of my daughter, wife and myself) ? If I take printouts of the e-mails(between doctor and myself), lab tests etc and carry with me and show them when asked, would that help ?
- Will there be any questions while leaving/entering India if at all we have to stay there for more than 30 days with my daughter's e-VISA expired ?

Any suggestions are highly appreciated as I'm already running out of time.

Thanks much in advance !

[ctdesi]

Hi,

Why don't you apply normal tourist visa for kid? Isn't that valid for stay upto 6 months?

[vijayb4u83]

Out of status in US.No OCI card for US born daughter. Need to leave US immediately

Hi,

Why don't you apply normal tourist visa for kid? Isn't that valid for stay upto 6 months?

Hi,

Thank you for responding. Looked at that option as well. But that is going to take 8 to 10 days of time and I don't have that liberty of staying for that long. Hence I've applied for on-arrival VISA for my daughter and awaiting approval. Looking for options once I go to India.

Thanks

[vijayb4u83]

Hi,

Thank you for responding. Looked at that option as well. But that is going to take 8 to 10 days of time and I don't have that liberty of staying for that long. Hence I've applied for on-arrival VISA for my daughter and awaiting approval. Looking for options once I go to India.

Thanks

Hi all,

I've received an e-mail that the on-arrival VISA for my daughter got granted. So, we're good for 30 days. But after 30 days, she'll be out of status in India. Any options/suggestions for me ? Can I apply for normal tourist VISA for my daughter from India ?

Any help is greatly appreciated.

Thanks much in advance !

[ImmAgain]

Hello all,

My H1B extension got denied and am out of status from Feb 8th 2016 in the United States.

We would like to leave the US for India ASAP. But our US born 18 months old daughter doesnot have OCI card yet.

The only reason we're still in the US is for 2 reasons - 1. Sick wife and daughter who are undergoing medical treatment and 2. Looking for options as mentioned below.

Looking for options on how to leave to India. Upon googling, found that e-VISA is valid only for 30 days from the date of landing. However I'm uncertain at this point of time how long my re-applying of H1B process takes (My employer is filing my H1B again based on my approved I-140). If it gets completed with in 30 days, we'll be back and get OCI card processing started. But if it takes more than 30 days, then my daughter would be out of status in India.

- Can I apply for regular tourist VISA from India for my daughter as I can't apply for OCI unless I get back my legal status in the United States.
- Will there be any questions at the port of entry for US, for my long stay in US after we're out of status ? (Will they hear my concerns about the medical condition of my daughter, wife and myself) ? If I take printouts of the e-mails(between doctor and myself), lab tests etc and carry with me and show them when asked, would that help ?
- Will there be any questions while leaving/entering India if at all we have to stay there for more than 30 days with my daughter's e-VISA expired ?

Any suggestions are highly appreciated as I'm already running out of time.

Thanks much in advance !

OCI can be applied in India too. It might be better since you can't provide valid status documents (for yourself) for your girl's OCI application here in US. get a regular tourist visa for her.

[casper]

Try entry visa (X visa)

Hi all,

I've received an e-mail that the on-arrival VISA for my daughter got granted. So, we're good for 30 days. But after 30 days, she'll be out of status in India. Any options/suggestions for me ? Can I apply for normal tourist VISA for my daughter from India ?

Any help is greatly appreciated.

Thanks much in advance !

You can also explore on entry visa (x visa) when you land in India. It will be helpful if you need to be there for more that 6 months as X visa is granted upto 5 years.
Good luck!

[proonindiandoc]

long term visa

your minor is qualify for entry visa. it's a long term visa allowed spplicants to stay as long as granted duration