Immigration Issues/Nunc Pro Tunc denied

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Question
Respected sir,
I am  on H4. my visa expired on 2nd jan’2006.
my husbands company forgot to file my h4 extension so I was out of status for more the 180 days… we did file for I-539 three months back,. Last week I got a letter of denial … though it says I can apply for “motion to repeal” .I want to know, if I should go back to India, and apply for new H4? And what are chances of me getting new h4? I do have a 11 month US citizen daughter.. is there a way, it  helps. I m planning to leave US before my 365 days limit…
pl. help me sir, your suggestion is very valuable….
Regards

Answer
Hi,

You should depart the U.S. before 365 days are reached. If you fail to do so, you may be subject to the 10-year bar to entry to the U.S.

After your departure, please apply at the nearest U.S. Consulate in India for H-4 visa. You will need to explain the circumstances of the failure to file H-4 application on time (carrying with you at time of interview a copy of the H-4 application that was filed requesting nunc pro tunc reinstatement is helpful). It may also be helpful to carry evidence (birth cert./photos) of your U.S. citizen daughter.

The decision of whether to issue you an H-4 visa without the 3 year bar to entry to the U.S. is totally within the discretion of the consular officer. I wish you luck.

Regards,
Ajay K. Arora, Esq.
www.h1b1.com

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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