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I have a situation wanted to discuss. Not yet My son's I-94…

Second opinion] HelloJA: Hello. How...
Second opinion] HelloJA: Hello. How can I help?Customer: I have a situation wanted to discussJA: Have you filed any paperwork with the USCIS (U.S. Citizenship and Immigration Services) yet?Customer: not yet My son's I-94 is expired actually on Oct18 because of passport expiry, however, I renewed the passportJA: Have you talked to a lawyer yet?Customer: not yetJA: Anything else you want the lawyer to know before I connect you?Customer: no only abt this
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Answered in 1 hour by:
12/5/2017
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 111,137
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
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Hello! My name is***** and I am a licensed attorney with more than 15 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. Also, please do NOT click on the Opt Out button because if you do, it would prevent me from communicating with you and then it could take a long time before another expert responds to you.

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Sorry for the delay. I just ask that if it is bad news that you not shoot the messenger. Shooting the messenger is either leaving a negative rating (usually reserved for rude or unprofessional experts) or not leaving a positive rating at all.

What was your son's status? How old is he? Did you file an I-539 before October 18th?

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Customer reply replied 2 months ago
No I did not file I539 before Oct18, he is minor with L2 status however I am L1 having my status till May 2018. Also my extension is in progress, with my extension his I539 will be filled to adjust his status. Please advise your opinion

Well, you mean to extend his status because Adjustment of Status is for U.S. Lawful Permanent Residency. When you say he is a minor, you mean under 18? How close is he to turning 18? You might need to send him out to get new visa stamping to come back.

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Customer reply replied 2 months ago
He is 7 and his i94 as per passport expiry which was oct 18, 2017. We have renewed the passport but forgot to renew his status. With my L1A extension his L2 extension is also being filed in premium along with I539 to adjust his status. However the Visa is valid till Feb 2018.

The visa would have automatically been invalidated as soon as he fell out of status. Most likely what is supposed to happen is that they deny the extension of status because he has no status to extend since his status expired October 18th. But because he is under 18, he does not accrue any unlawful presence and thus no 3 or 10 year bar. So all that would be needed to be done is to have him leave the U.S., obtain new L-2 visa stamping at the U.S. Embassy or Consulate in your home country, and then he can come back using that visa and get a new I-94.

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.

Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 111,137
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
Verified
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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 111,137
111,137 Satisfied Customers
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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