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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105669
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Myself and my wife and daughter got stamped from "Employer

Customer Question

Myself and my wife and daughter got stamped from "Employer A" and got validity till March 2016. After we came here on March 2014, we had a baby on June 2014.
And I moved to new employer on August 2014 and during H1 transfer they only processed mine.
And in the month of Jan 2016 we came to know that my younger one had "Autism Syndrome", with that new we completely collapsed and my wife is busy in accompanying with them and evaluation done and my daughter is going under sessions.
So my wife completely forgot the extension of H4 and even my employer didn't reminded us.
So now my wife and yielder one under OOS.
Can you please help me to find the way.
Submitted: 2 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 2 months ago.

Hello! My name is***** and I am a licensed attorney with more than 14 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

When was the date that your spouse and child fell out of status? When did their I-94 expire?

Expert:  Guillermo J. Senmartin, Esq. replied 2 months ago.

Hello Arun Kumar, it is important for me to know when their I-94 expired. Something could be done, but it may have to be quickly. Please respond. When did their I-94 expire?

Customer: replied 2 months ago.
Hi,Their I-94's got expired on March 2016. It is more than 180 Days.Thanks
Regards,
Arun K
+1(###) ###-####
Expert:  Guillermo J. Senmartin, Esq. replied 2 months ago.

That's a shame. The only way you can help them now to stay would be for you to become a U.S. Citizen. The only way you could do that quickly would be to sign up for U.S. Military service. Assuming you will not do that, they will need to leave the U.S. as quickly as possible and apply for new H-4 visas to come back to the U.S. They are subject to the 3 year bar because it has been longer than 180 days, but they should be able to get the 212(d)(3) waiver if you can prove that it was not their fault and that it was a reasonable mistake under the circumstances and would not happen again. You may want to apply for the waiver ahead of time on form I-192. Here is a link:

https://www.uscis.gov/i-192

Here is a link to information about the 212(d)(3):

https://fam.state.gov/searchapps/viewer?format=html&query=212(d)(3)&links=212,D,3&url=/FAM/09FAM/09FAM030503.html#M305_3_3_A

And a link to a good article about it:

http://www.ilw.com/articles/2003,0930-labrie.shtm

So file the I-192 quickly and if they get an approval, then have them leave to apply for a new H-4 visa for each of them.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, you may have to scroll up to the top of the page or click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

Expert:  Guillermo J. Senmartin, Esq. replied 2 months ago.

Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

Expert:  Guillermo J. Senmartin, Esq. replied 2 months ago.

Thank you for your kindness and respect. Good luck to you.