minor passport renewal when visa extension is denied


I have a query related to renewing the passport for my son (aged 4 years) and will be grateful if anybody can advise. I have explained my situation below:

I am currently in Minneapolis on a L1B Visa which expired on 9/30/2013 (my wife and child are on dependant L2 visa). I applied for L1A Visa conversion and my petition was denied by USCIS.

However, both me and my wife have a valid unexpired I-94 which is valid till March 2016. My son’s I-94 is expiring in November 2014 as his passport expires in the same month.

Please let me know if I can apply for renewal passport for my son in such scenario (no valid Visa). We do not have a valid Visa however have a valid i-94 (father and mother).



Check with a good lawyer immideatly. As L2 is a dependent on L1 visa and L1 is rejected you could be out of status. I am not sure. just make sure you do not add out of status.