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ImmIGRATION APRIL 16, 2021 | The Indian Eye 40
cOPing with deLayS Facing
h-4 and L-2 SPOuSeS
cyruS d. Mehta months behind their past to the U.S. Citizen- asked H-4 dependent re- Whether the H-4 is
iSaBeL rajaBzadeh* principal applicants. ship and Immigration lated questions below. processed abroad or by
Since most of the people Services (USCIS) for an the USCIS, it is always
n March 2019, the impacted by the delays unrelated immigration traveling abroad important to review the
Trump administra- are H-4 spouses, we refer benefit, or during visa while H-4/L-2 is expiration of the I-94.
Ition implemented a more to them than L-2s consular processing. Pending and H-1B/L-1 The I-94 is attached to
new biometrics require- although both face simi- Nonetheless, spous- principal has a valid H-4 approval notices (I-
ment for some employ- lar issues. es are losing their work i-94 797) when H-4s are ap-
ment-based and non- Spousal processing authorization and are While consular posts proved by the USCIS.
immigrant dependents. times are left estranged also inhibited from trav- continue to operate at If the H-4 spouse either
H-4 and L-2 dependents with some H-4 exten- elling abroad while their a limited capacity, it is obtains their H-4 visa
must complete biomet- sions taking over a year H-4 extension requests not always ideal to trav- stamp abroad or travels
rics each time an exten- while the H-1B option are pending because of el outside of the United outside of the United
sion of status is filed on of 15-calendar-day pre- these illogical delays. States in order to receive States, the new I-94 will
Form I-539. mium processing re- There is no need for an H-4 visa stamp. Still, appear on the Customs
This superfluous mains in full effect. To this Trump era senseless we provide some guid- and Border Protec-
mandate, paired with shed light on how absurd H-4 and L-2 biometrics ance below when travel tion (CBP) I-94 portal,
the already backlogged these delays truly are, requirement to remain opportunities arise. which should always be
queue due to Covid-19 it is crucial to note that as it was part of the prior The H-4 extension reviewed upon entering
processing delays, has re- most dependents have at administration’s effort request can remain the United States.
sulted in dependent ex- one time or another pro- to thwart legal immi- pending even if the Please remember
tensions being processed vided biometrics in the gration. The Biden ad- spouse leaves the United that while visas allow a
ministration should not States. The same is also person to travel to a port
only remove this imped- true with respect to the of entry, the I-94 grants
iment, but it should also request for an employ- the actual status and per-
implement premium ment authorization doc- mits the person to stay in
processing of H-4 exten- ument (EAD) through the United States. The
sions and work authori- the filing of the I-765. CBP has made mistakes
zation (EAD) requests. However, if an H-4 on I-94s in the past,
We refer you to a prior spouse leaves the United which is why reviewing
blog, “Work Authori- States before doing his/ each I-94 is even more
zation for H-4 Spouses: her biometrics, and the critical. If the CBP made
The Experience Thus USCIS issues a biomet- a mistake, correcting the
Far” that discusses the rics appointment, the I-94 may be as simple as
eligible requirement for spouse can seek post- contacting the CBP and
EADs. Since Congress ponement and complete requesting the correc-
authorized additional the biometrics when he/ tion. The CBP may also
premium processing last she returns to the Unit- issue an I-94 date that
year, which the USCIS ed States. matches the validity pe-
has not implemented Travel during an ex- riod of the underlying
m of yet, we urge the agency tension request should passport.
CYRUS D. MEHTA & PARTNERS PLLC to act now. be distinguished from Therefore, it is im-
This processing lim- travel during a request portant to ensure that
bo has caused much con- for change of status. If the passport is renewed
fusion among the non- one departs the United prior to travel abroad
immigrant population. States while the change in order to avoid a mis-
As litigation ensues over of status to H-4 is pend- match in the I-94 validity
the delays around the ing, the underlying I-539 date and the H-4 visa, or
country, we have out- application will get de- the H-1B approval no-
2 6th Floor
lined some of our most nied. tice.
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