Urgent: Assistance Needed for Passport and I-94 Renewal for Minor Son

Hello Redbus-Gurus,

I am writing to seek urgent assistance regarding the renewal of my minor son’s passport and I-94.

Key Dates:

  • My Son’s Passport Expiration Date: 11/13/2023
  • My Son’s I-94 Expiration Date: 11/13/2023
  • My Petition Validity: Nov-2024

I have applied for the Tatkal service, but VFS is requesting additional documents, specifically proof of valid I-94 or legal status. I have already submitted a copy of my I-797, valid until Nov-2024.

I have a few questions:

  1. What additional documents can I provide to meet the requirement? I have already submitted a copy of my I-797.
  2. Given that both the passport and I-94 have expired, what is my son’s current immigration status? Does he need to travel, considering he is a minor?
  3. My visa stamp has expired. Do I need to travel to India to get new stamps for both myself and my son?

I appreciate your prompt attention to this matter. Your guidance and assistance are invaluable.

Warm regards,

If this is for your son, you need to provide proof of his legal status. You can submit copy of his I-797 that expired on 13th and explain that this was unintentionally missed. You should also explain that once his passport is issued you will be applying for his extension of status using NPT process that can help fill the gap in his legal status after the I-94 expiry on 13th Nov and reinstate his legal status.

He is obviously out of status based on I-94 expiry. As mentioned above once you have his passport renewed, you can apply for his extension of status using NPT. You should hire a good immigration lawyer and have them handle thr extension of status application.

No need.

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You are trying to renew your minor son’s Indian passport in the US. His visa status (dependent, H4 or O3 or other) in the US is based upon your visa status (primary; either H1, O1, etc.,). For his Indian passport renewal in the US, you definitely need to send information related to his visa status (I-797 and I-94). You also need to send your information too (I-797 and I-94) since you are the primary visa holder.

A visa stamp is only required if you want to travel outside the US and gain entry. To maintain the legal status in the US, you just need an appropriate visa approval (I-797) and valid I-94.

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