H4 Visa expired ,I94 -out of status

[cynddy]

Hi ,

My H4 visa I-94 got expired on Sep 30 2014 and after 45 days have applied for the nunc pro tunc which is still in initial review. My legal stay 180 days is going to expire on March 31,2015.
I am 7 months pregnant and cannot travel.

1.Should I wait until March 31,2015 for the approval of nunc pro tunc?

2.Can I over stay after 180 days, Will pregnancy be considered as a Humanitarian case?

Thanks

[raghvi]

Hi ,

My H4 visa I-94 got expired on Sep 30 2014 and after 45 days have applied for the nunc pro tunc which is still in initial review. My legal stay 180 days is going to expire on March 31,2015.
I am 7 months pregnant and cannot travel.

1.Should I wait until March 31,2015 for the approval of nunc pro tunc?

2.Can I over stay after 180 days, Will pregnancy be considered as a Humanitarian case?

Thanks

1. There is not much you can do. Did your attorney try contacting USCIS and take a info pass appointment to determine what is causing the delay.
2. May be not. Pregnancy is mostly a planned event, humanitarian cases are generally external ones in which you do not have much control. You should contact a good attorney to determine your options.

This is my opinion not legal advice.