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I applied (before I-94 expired) for my H1 and got approved at that time I forget to apply for my wifes H4.
and I applied for my wife H4 visa for extension to stay after 127days (her I-94 expired).
and I got a denied letter from US department.
letter says: Title 8, Code of Federal Regulations (214.1 (c) (4) states, in pertinent part:
Timely filing and maintenance
and It says your application must be and hereby is denied, there is no appeal from this decision
The reason is my wife H4 stamping got expired on march 18 2004 and we applied on july 23 2004
stay was expired 127 days period.
I checked your web site: http://www.immihelp.com/visitor-visa/
at the botton on the page says:
If you have stayed in US unlawfully at any time after April 1997, you might be barred from entering into United States again for certain period.
3 Years: If you have spent more than 180 days in the United States unlawfully, you could be barred from entering back into United States for 3 years.
10 Years: If you have spent more than 1 year in the United States unlawfully, you could be barred from entering back into United States for 10 years.
These bars apply only to the people who have left US and trying to reenter. It does not apply to people who are in United States and have the right to apply for a change of status here.
Unlawful time spent in US before April 1, 1997 does not count. Also, the unlawful time spent in US while the person was under 18 years does not count. Also, the law applies only towards the continous unlawful time spent in US, it does not apply if you spent 2 months in lawfully each time and if you did that 10 times.
Permanent Bar: If you have spent more than 1 year in the United States unlawfully and then left or were deported, but you are returning, have returned or are caught tyring to return to the United States illegally, you will never be allowed to enter United States.
but at the top of the check visa stamp section:
Visa type is correct: It should be B1/B2 for visitor visa or business visa.
Is the same rule effect for the dependents (H4).
If yes Please suggest me what is the best way to approach.
and I applied for my wife H4 visa for extension to stay after 127days (her I-94 expired).
and I got a denied letter from US department.
letter says: Title 8, Code of Federal Regulations (214.1 (c) (4) states, in pertinent part:
Timely filing and maintenance
and It says your application must be and hereby is denied, there is no appeal from this decision
The reason is my wife H4 stamping got expired on march 18 2004 and we applied on july 23 2004
stay was expired 127 days period.
I checked your web site: http://www.immihelp.com/visitor-visa/
at the botton on the page says:
If you have stayed in US unlawfully at any time after April 1997, you might be barred from entering into United States again for certain period.
3 Years: If you have spent more than 180 days in the United States unlawfully, you could be barred from entering back into United States for 3 years.
10 Years: If you have spent more than 1 year in the United States unlawfully, you could be barred from entering back into United States for 10 years.
These bars apply only to the people who have left US and trying to reenter. It does not apply to people who are in United States and have the right to apply for a change of status here.
Unlawful time spent in US before April 1, 1997 does not count. Also, the unlawful time spent in US while the person was under 18 years does not count. Also, the law applies only towards the continous unlawful time spent in US, it does not apply if you spent 2 months in lawfully each time and if you did that 10 times.
Permanent Bar: If you have spent more than 1 year in the United States unlawfully and then left or were deported, but you are returning, have returned or are caught tyring to return to the United States illegally, you will never be allowed to enter United States.
but at the top of the check visa stamp section:
Visa type is correct: It should be B1/B2 for visitor visa or business visa.
Is the same rule effect for the dependents (H4).
If yes Please suggest me what is the best way to approach.
