Minor L2 visa holder, having expired I94

[gvk]

Hi,

My son's (5 years old) I94 was expired 8 months back. We haven't noticed that as we renewed his passport. Can we extend his I94 now without major issues?
What kind of problems we face with our future adjustment of status?

[newacct]

Hi,

My son's (5 years old) I94 was expired 8 months back. We haven't noticed that as we renewed his passport. Can we extend his I94 now without major issues?
What kind of problems we face with our future adjustment of status?

Yes, it's a problem for AOS. AOS in employment-based categories need to have no more than 180 days of being out of status after the most recent entry.

Did you not apply for extension of status for him? You cannot apply for extension of status now that he is out of status. I think the best solution now would be for him to go back to his home country and apply for an L2 visa and come back. He won't trigger a ban upon leaving because he doesn't accrue "unlawful presence" while under 18.