Q&A’s published on the World Journal Weekly on March 21, 2021 1. Expired I-94 for Son on L-2 2. Mom Had Tried to Pass the Border Many Times & Was Caught Using Someone Else Name and Sent Back. Can She be Forgiven? 3. Filing for Green Card for My Parents and Brother 4. Husband Leaves the Sponsoring Company, What Will Happen to My Pending Status F-2?

1. Expired I-94 for Son on L-2

My son’s i-94 expired in June 2020. I overlooked it and it’s been 8 months now. I had a lot going on, shelter in place, lockdown, no travel, shifting houses, an ailing father in law visiting. I just missed considering i-94 extension thinking visa was valid till 2022. My wife and I have i-94 till 2022 and we are going to be soon eligible for adjustment of status. What steps can I take to extend my son’s i-94? He is only 13 years old.

Mr. Lee answers:
You may request a late extension on behalf of your son citing the reasons that you have given here. USCIS instructions on the I-539 form for extension state that such can be accepted if: 1.     The delay was due to extraordinary circumstances beyond your control; 2. The length of the delay was reasonable; 3. You have not otherwise violated your status; 4. You are still a bona fide nonimmigrant; and 5. You are not in removal proceedings. Further instructions dealing with Covid-19 indicate further flexibility on the part of USCIS: Under current regulations and as noted on our Special Situations page, if a petitioner or applicant files an extension of stay or change of status request (on Forms I-129 or I-539) after the authorized period of admission expires, USCIS, in its discretion, may excuse the failure to file on time if it was due to extraordinary circumstances beyond their control, such as those that may be caused by COVID-19.  

2. Mom Had Tried to Pass the Border Many Times & Was Caught Using Someone Else Name and Sent Back. Can She be Forgiven? 

I want to try fix my mom papers. she is currently living in Mexico. my mom moved to us without papers and she had me and my brother. she left to Mexico due to family issues. but then she tried coming back to us without papers and she was caught many times and one time she got caught using someone else name. USCIS sent her back with warning and she stopped trying. i will almost turn 21 and i want to fix her papers. I just want to know if she can be forgiven for trying to come to the us without papers.

Mr. Lee answers:
It will likely be difficult for you to have your mother come over as a permanent resident. A record of fraud or misrepresentation requires a waiver application based upon extreme hardship to a qualifying relative, and a qualifying relative is restricted to being a US citizen or permanent resident spouse or parent. She cannot waive through you. On the issue of her being caught many times trying to come into the US illegally, she would incur a “permanent” bar in which she would not be allowed to apply for any waiver for 10 years if she stayed in the US illegally for one year total on or after 4/1/97 and then left and tried to enter the country illegally on or after 4/1/97. 

3. Filing for Green Card for My Parents and Brother

I’m filing green card application for my parents. I became US citizen in 2017. Should I file for my brother together? Is there any benefit in doing that together?

Mr. Lee answers:
The benefit is that you will have given your brother a different way to immigrate to the US as there is no absolute assurance that he will be able to later immigrate through your parents. Immigration laws can change over time and visa availability in the various categories may also change. At present, your applying for your parents and then your parents applying for your brother (assuming that he is unmarried) seems the quicker route, especially if your brother is under the age of 21 at the time that your parents immigrate. However, petitioning for your brother gives him another option. I note that such a petition will generally not have a negative effect upon your brother’s obtaining a nonimmigrant visitors visa or being able to otherwise come to the US since the timing of the sibling petition is very long and most US consuls would not say that there should be a strong presumption of immigrant intent on the part of your brother if he wants to visit the US during the period of a sibling petition. 

4. Husband Leaves the Sponsoring Company, What Will Happen to My Pending Status F-2?

My F-2 status is pending, but my husband will leave the country, his contract is ending and he needs to leave the country, and will no longer have employment here. what will happen to my F-2 pending case? Will I have to depart together with him at the same time even if my F-2 still pending?

Mr. Lee answers:
Unfortunately, your husband is the lead and you are only in the position of the derivative. USCIS by law is not supposed to approve applications for derivatives where the principal has left the country. If you are able to apply for another visa status such as F-1 student and if that is approved, you may be able to stay independent of your husband.