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Hi,
We moved to US last year from UK. My wife has an H1-B and I have H4. Our son (age 16) came on an ESTA and an immigration attorney advised we file an I 539 for him which we did last November. Our sons visa application has not been processed - USCIS tell us 'all papers are in order'.
Today the attorney tells us the I 539 is the wrong form.
As a a result our son us 'illegal' and has been 'accruing illegal days' according to the attorney.
The attorney advises my wife and son travel back to UK to apply for his visa.
Is this our only option?
How can we be sure he'll be granted the visa if he goes to UK given he's inadvertently 'illegal'?
Thanks for your help. This is a very distressing situation as we've done everything asked of us. (In fact, we're getting ready to apply for our LPR and my EAD).
We moved to US last year from UK. My wife has an H1-B and I have H4. Our son (age 16) came on an ESTA and an immigration attorney advised we file an I 539 for him which we did last November. Our sons visa application has not been processed - USCIS tell us 'all papers are in order'.
Today the attorney tells us the I 539 is the wrong form.
As a a result our son us 'illegal' and has been 'accruing illegal days' according to the attorney.
The attorney advises my wife and son travel back to UK to apply for his visa.
Is this our only option?
How can we be sure he'll be granted the visa if he goes to UK given he's inadvertently 'illegal'?
Thanks for your help. This is a very distressing situation as we've done everything asked of us. (In fact, we're getting ready to apply for our LPR and my EAD).
