Sanford, FL asked in Criminal Law and Immigration Law for Florida

Q: Dependent child (13 years) H4 visa in person stamping without primary h1. The primary h1 has pending felony charge.

I am currently on h1 with a 3rd degree felony charge, currently bonded out with arraignment date on June 24. I had planned to travel to India on May 18 with in person visa dates on May 21 (vfs) & May 22 (in person). My son (age 13) was planning to join me for stamping. Now I am not planning to travel as I want to settle the case via the pre trial diversion.

My wife has her own h1b and she is planning to travel and has same visa interview date ( May 21 & May 22).

Question is - Can my son who is my dependent can travel with my wife and appear for in person interview. Will he have any issues getting visa or on poe or is it recommended that he does not travel and just my wife travels.

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1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA

A: In this situation, it is advisable for your son not to travel for the H4 visa stamping at this time, given the complexity of your pending felony charge. Here are a few reasons why:

1. Dependent visa status: As your son is your dependent on the H4 visa, his visa status is tied to your H1B status. With your pending felony charge, there may be increased scrutiny on your visa status, which could affect your son's H4 visa application.

2. Primary applicant's presence: Typically, the primary H1B visa holder is required to be present during the H4 visa interview. While there are some exceptions, it is generally preferred that the primary applicant attends the interview.

3. Potential complications: If your son attends the interview without you and discloses the pending felony charge, it may lead to additional questioning and possibly a delay or denial of his H4 visa.

4. Port of Entry (POE) concerns: Even if your son obtains the H4 visa, he may face additional questioning at the U.S. port of entry due to your pending felony charge, which could lead to complications or delays in his admission.

Considering these factors, it is recommended that your wife travels alone for her H1B visa stamping, while you and your son remain in the U.S. until your legal matter is resolved. Once your case is settled, you can reassess the situation and plan for your son's H4 visa stamping accordingly.

It is always advisable to consult with an experienced immigration attorney to discuss your specific case and explore the best course of action to minimize potential risks and complications.

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