CHILDREN ON H4 VISAS!

The problematic situation of H4 Visa children who turn 21.

POSSIBLE OPTIONS AND SOLUTIONS FOR THE H1 VISA HOLDERS CHILDREN WHO ARE H4 DEPENDENTS.

By Shah Peerally, Esq.www.PeerallyLaw.com

THE PROBLEM The waiting time for those from India and China on EB2 and EB3 are

seriously too long. As such many are worried for their children once they turn 21.  

The H4 dependent visas are attached to dependent spouses and children. The H4 Visa for spouses has no time limitations, that is, as long as the H1B is valid, an H4 visa might be obtained or maintained. However the same rule does not apply to children who turn 21 years old. As such it becomes a big problem for the families who are waiting for their Green cards.

The Question is what are the H4 dependents supposed to do?

POSSIBLE OPTIONS While there are no definite solutions, there are options to help. This presentation is set to at least give a guide to those affected by this

problem. Note that the information provided is purely informational. You should not

act or refrain to act solely on the information provided. You should contact an attorney if you have any questions. You can reach us at 510 7425887.

STUDENT VISAS The most common choices for the H4 visa holders turning 21 is the student

visa. The F1 and M1 visa are the most familiar.

J1 VISA Not a great visa option. A J-1 visa allows foreign nationals to come to the US to participate in an

exchange program to promote the sharing of knowledge and skills in education, arts, and sciences. In summary, to be eligible for a J-1 visa, you must

i) be coming to work, study, teach, train, or consult in a specific exchange program approved by the Department of State (DOS) through its Bureau of Education and Cultural Affairs,

ii) have been accepted into the program,iii) have enough financial ability to cover expenses in the US, andiv) have sufficient knowledge of English to participate in the program.

H1B OR OTHER E-B VISAS The H1B visa is a good option for many provided they meet the

requirements and actually make it to the lottery. There are also other visas which might be available including O, EB1, National Interest Waivers etc.

There are of course other employment visas which need to be assessed by a good lawyer. You can call (510) 7425887, if you need help.

FAMILY PETITIONS Many might have other family petitions pending such as marriage petitions

or adoptions. For example if there is a marriage to a US citizen. We recommend that you talk to a lawyer to assess. Call (510) 742 5887.

INVESTOR VISA While EB categories are based on country of birth, some children might be

citizens of countries such as Canada, Australia and so on. In such cases you might want to look into E1 or E2 visas. Also you might want to look into EB5 visas irrespective of the country of birth. In fact, investor visas can actually be helpful to all. 

HUMANITARIAN VISAS Humanitarian visas are those granted because it will be unfair for the

individual to be sent to their home country. Such visas are U visas, VAWA cases, Asylum, etc. We highly recommend speaking to a lawyer familiar with such cases before you try to apply.

IMPORTANT It is important that applicants or those affected by such situations to know

that there is no general solution to the problem. Some people might actually be eligible for multiple options. The above is in no way a complete assessment of options for H4 visa children and should not be construed as legal advice.

We invite you to call the Shah Peerally Law Group PC at 510 7425887 for a full assessment of your case.

Information provided is purely educational. Please do not act or refrain to act solely on the information provided.