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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This is regarding I94 expiry on H4 visa: Hi. How can I help? Customer: I need to talk to a immigration lawyer immediately JA: What steps have you taken? Have you filed any paperwork with the U.S. government? Customer: Can i discuss with Immigration lawyer? JA: Have you talked to a lawyer about this? Customer: no JA: Anything else you want the Lawyer to know before I connect you? Customer: this is regarding I94 expiry on H4 visa

Answered by LawEducator in 11 mins 1 year ago
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LawEducator, Expert

Hello and welcome to Just Answer. I am Law Educator and I am pleased to assist you today with providing you the answers you are seeking for educational purposes only.

I know your question is important and I’m working on typing an answer to your question now so if you do not want a phone call you do not have to worry about taking the site’s offer because I am just as happy to type my answer as to talk.

Sometimes responses and replies take time, and we ask you to be courteous and patient to allow the expert to type answers to you and also to others.

Customer
Hi, my wife is on H4 visa and her old passport expired so we applied and got the new passport. Her I-94 was only valid until mid of Aug 2020 and we realized it now.
Customer
To get her new I-94 on new passport is it safe to make a road trip at the Canadian border and request for new I-94
Customer
Her visa and I-797 is valid until third week of May 2021
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LawEducator, Expert

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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LawEducator, Expert

Please let me know if this information satisfied your needs.

If you have additional questions, you can ask me directly at https://www.justanswer.com/law/expert-paulm. Please make sure that you type “For LawEducator Only...” in the question subject to ensure that the question is directed to me. Although I can’t always give good news, I am direct and do my best to simplify things for people to understand.

Thank you very much! Best wishes, LawEducator

Customer
can she cross to Canada by Road and re-enter with a valid passport and H-4 visa?
Customer
Canada will not allow entry as she does not have valid Canada visa right?
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LawEducator, Expert

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.

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