I-94 expired for H4 minor - will a visit to Mexico work?

[marc_ely]

Hi
I am working on an H1B visa. My visa, passport and I-94 are all good.

My firm has just started green card proceedings for me and spotted that my 11yr old sons I-94 expired 90 days ago (in May).
He has a H4 visa and a new passport.

I know he has to get a new I-94 as soon as we can.

Will a visit to Mexico work for this? i.e. over the border, queue up for I-94 and come back.

Is his visa still valid if his I-94 has expired? If it's not valid he wouldn't be allowed back in. Would they really do that for an 11yr old if his fathers visa was in order?

Thanks

[shervin143]

Visa in the passport will be valid until its expiry date. Applying an extension at this point is not an option since your son has already accumulated illegal stay. Your best bet is to visit the nearby CBP post and try to get a new I-94 by showing the new passport and a valid visa. If that doesn't work, then leaving and country and returning back is the only option which may or may not work depending on the officer at the POE. I would suggest that you consult an immigration attorney before leaving.

[ampdeck]

hello mate! how's your son's I-94? Im on same boat and wanted to know if your case went smooth... thanks.

[TrustInGod]

Same boat as yours ... how did you resolve your sons I-94 issue

hello mate! how's your son's I-94? Im on same boat and wanted to know if your case went smooth... thanks.

Same boat as yours ... how did you resolve your sons I-94 issue