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I-94 Expiring for Minor but Valid VISA until Mar 2017

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  • I-94 Expiring for Minor but Valid VISA until Mar 2017

    Hi All,

    Any suggestion will be very kind and helpful.

    My Son's (minor, 5yrs) I-94 is about to expire in early October 2015 (due to his passport expiring, but has valid H4 until Mid 2017). Both parent's have valid I-94 and H1/H4 Visa until Mid 2017.

    - Will INDIAN embassy allow me to file TATKAL and get his passport renewed.
    - If Tatkal is not an option, it could take upto 3 weeks for my son's passport to renew. Can I file for i-539 for I-94 then (Sep 3rd week) ?
    - If I file for I-539, Will my son be out of status until after October 2015 ? What are the possible consequences.

    Can you please suggest, how this situation should be handled correctly ?

  • #2
    Originally posted by Arunkb View Post
    Hi All,

    Any suggestion will be very kind and helpful.

    My Son's (minor, 5yrs) I-94 is about to expire in early October 2015 (due to his passport expiring, but has valid H4 until Mid 2017). Both parent's have valid I-94 and H1/H4 Visa until Mid 2017.

    - Will INDIAN embassy allow me to file TATKAL and get his passport renewed.
    - If Tatkal is not an option, it could take upto 3 weeks for my son's passport to renew. Can I file for i-539 for I-94 then (Sep 3rd week) ?
    - If I file for I-539, Will my son be out of status until after October 2015 ? What are the possible consequences.

    Can you please suggest, how this situation should be handled correctly ?
    Indian passport can be renewed upto 1 Year before expiry, what were you doing for last 11 Months?
    - I would suggest you personally walk in to the Indian embassy, pay the Tatkaal fees upfront and get it the same day.
    - No point filing a I539 without first getting passport renewed.
    - If you file I539 they would most probably deny it as the passport is expiring. Your child risks going out of status and be deemed illegal, so as advised, fill the passport application online, book an online appointment, and do a walk in to the Indian consulate and get it sorted out same day.

    This is my opinion not legal advice.

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