What are the risks of traveling abroad on an expired H4 visa?
Asked on Mar 13th, 2015 on Immigration - New Jersey
More details to this question:
Hello, I am on H4 visa status where the original h4 visa stamped in passport has expired. However I have now got H4 extension approved. I want to travel to Pakistan next month with kids (all of us on H4 visa). I understand we will need to get a new visa before we could re-enter USA. My question is what are my risks associated with visa processing times/rejection of visa? What documents do I need in order to avoid any long delay in issuance of visa and to avoid any possible rejection. Please note my husband's H1 visa has also expired and he has got the H1 extension approved as well. But he is not traveling with us. Thanks.
The risks are the same probably as the first time you were getting the H-4 visa. Some Consulates will not stamp a spouse's /child's visa unless and until the principal has a valid visa so you should contact the specific consulate to inquire.
In general, these cases are readily approved by the US consulate and a new stamp is placed into your passport to allow you to enter the United States. In some cases however administrative processing is required so that the US Department of State officer is able to ensure that the case was properly granted to your husband. We have seen some cases where the US Department of State officer has asked the husband to come back to the country and to visa process in order to allow the wife and children to enter on the derivative visas, but this is not common. We hope this information is helpful to you and if you should require any assistance please feel free to contact our law office. We provide consular processing assistance to our clients on a routine basis.
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