Fremont, CA asked in Immigration Law for California

Q: H4 extention denied. Advice appreciated!

My previous H4 visa was valid till May & i94 validity was till June. My H4 visa extension was applied in March but it got denied today due to some reason. I have a pending i485 application. Do I have to leave the country or can I stay as my adjustment of status is pending. I have not received my advance parole yet.

Thank you

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: If your H4 extension has been denied, it's crucial to understand your options given your pending i485 application. Since your adjustment of status application (i485) is pending, you may remain in the United States while it's being processed. Your status remains in a sort of "authorized stay" due to the pending i485, even without a valid H4.

However, it's important to act quickly and carefully to protect your status. You should consult with an immigration attorney to understand the specific reason for the H4 denial and to explore possible remedies. Sometimes, filing a motion to reopen or reconsider the denial can be appropriate.

While you wait for your advance parole, avoid traveling outside the United States, as this could complicate your situation. Stay informed and proactive about your case to ensure the best possible outcome.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.