If you are an illegal minor, can you still be eligable for H-4 visa if your parents are approved for an H-1 visa?

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If you are an illegal minor, can you still be eligable for H-4 visa if your parents are approved for an H-1 visa?

A friend of mine from Pakistan, left her child at her sister’s 2 years ago in order to provide him a better livelihood. His visit visa and I-94 expired last year. He’s 16 years old and legally a minor. His mother, who has a valid visa and entry, is now thinking of applying for H-1 through a company.

Asked on May 16, 2012 under Immigration Law, New York

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

No, unfortunately, he is not eligible for ANY type of change of status within the US at this point or in the future, under the current immigration laws, UNLESS it is going to be through an immediate relative petition such as through marriage to a US citizen.  He can go outside the US as long as he is under the age of 18 and if his mother gets a H-1B visa, he can apply for a H-4 visa with her but he cannot do anything within the US.  If he waits until he is 18 and remains in the US, after that he will start accruing unlawful presence time in the US and he will not be eligible for visa issuance abroad either and will be barred from reentry for a period of 10 years.


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