This is regarding I94 expiry on H4 visa: How can I help? I need to talk to a immigration lawyer immediately. Can i

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Good morning, here is the answer to your query.

Your wife has two options.

The first is to have your wife depart the U.S. and re-enter with a valid passport and H-4 visa.

The second option would be to file a nunc pro tunc H-4 extension application.

The Nunc Pro Tunc is an extraordinary discretionary remedy where the USCIS may approve a late filed request to change or extend status, based on facts and extenuating circumstances presented.

The USCIS has the discretion to approve a NPT request if it is demonstrated that:

1. the late filing is the result of extraordinary circumstances beyond the control of the applicant or petitioner and the delay is commensurate with the circumstances;
2. the foreign national has not otherwise violated her/his nonimmigrant status;
3. the foreign national remains a bona fide nonimmigrant; and
4. the foreign national is not subject to deportation or removal proceedings.

If your wife wishes to leave the US to renew the I-94 then that is typically the best process because the NPT is risky and highly discretionary to the USCIS officer examining the request.

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She can cross into Mexico which right now is easier because of the COVID restrictions.

Canada has their road borders closed as does Mexico, she has to enter by air.

If you are from a country that requires a visa for Canada, then yes she needs a visa to enter Canada.