H-4 Visa Refused under section 9b2

USA H4 Visa
1

My wife had a Drop-Box appointment for Visa Stamping in India, New Delhi in March, 2023.

After a week, My wife received an email that we have returned your passport and it’s ready for pick up. She went to pick up the passport and they gave her a slip and asked her to appear for an interview.

In April, 2023 she went for a Visa Interview in New Delhi and it got denied in Interview saying that she doesn’t have any legal status in their system after 12/31/2021 and she was staying in the US without legal status. My wife explained that I have approved I-797 which valid till 2025 and new I-94 is also valid till 2025. Then Officer said I understand that you have all approved documents but I can not approved your visa right now and gave her 221g slip and asked her to submit the documents electronically.

As per 221g, we had submitted the documents electronically 3 weeks back using HLProcessing@state.gov

Yesterday we received an email with an attachment that my wife’s visa is refused under section 9b2.

In refusal letter consular officer marked two items

  1. 212(a)(9)(B)(ii): alien unlawfully present for one year or more
  2. You are eligible to seek a waiver of the grounds of ineligibility.
    Also he specially mentioned this using pen
    “Consular Officer Supporting Waiver Request”

Can someone help here as I don’t have any idea about this refusal and I never went into this situation.
What should we do?

We have all approved documents related to H-4 Visa Extension(Which was approved in June, 2022). I have checked the status at USCIS site using Petition Number and it shows as “Case was Approved”.

Thanks

2

This doesn’t make sense. Because her latest H4 extension of status was approved with I-94 (I-797 A), it is highly unlikely that she fall out of status otherwise USCIS may have approved the extension with consular processing (I-797 B with no I-94 attached).

I am assuming she said her H4 extension of status is approved with I-94? And you are not referring to your H1B extension of status? Please clarify.

I recommend working with an attorney to file the waiver.

3

Thank you Kalpesh

My H1b is also valid till 2025 and based upon that my wife H4 extension was approved which is also valid till 2025.

I can see I-94 information at the bottom of the page of I797 for me and my wife too.(Valid Till - 2025).

My wife said I have approved I797(H4 Extension) and it shows valid from Jan 2022 to Feb 2025 which was filed by my spouse employer and it was approved in June 2022.

Visa History:-
My wife extension was filed in Nov 2021 and it got approved in June 2022(Valid From Jan 2022 till Feb 2025).
Previous visa was expired Dec 2021 and new visa is valid from Jan 2022 to Feb 2025.

According to the documents I don’t see anything that makes me think that she ever fell out of status or accrued a year or more unlawful presence. I have checked the status for H4 approval with USCIS and it remains Approved - it has not been revoked or invalidated.

Please correct me if I’m wrong. May be I’m missing something.

Thank you