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Psean1977

Son on H4 Visa, Unstamped, Can he travel?

By Psean1977 in Work Visas

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Psean1977 Newbie

Psean1977   0

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My 8 year old son, is on Dependent H4 Visa (My Ex-Wife is the Principal H1B Visa holder). Her H1B Visa was extended last year, but both she and my son did not get it stamped yet.

I am on Green card, and I have started the GC process for my above mentioned son (I130 applied, have received a receipt notice). Given this, can my son travel with me to India for a 2 week trip and return without needing stamping? If he does need stamping, what is the timeline for that?

 

Need to travel to India on Feb 16th 2024. I will highly appreciate any prompt inputs.   

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Boiler Grand Master

Boiler   45,466

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Filed: K-1 Visa Country: Wales
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You mention no basis for him to be admitted to the US, presumably he has the Mothers permission to travel to leave the US.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Boiler Grand Master

Boiler   45,466

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The way I read it is that he does not have a Visa.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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OldUser Veteran

OldUser   6,625

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12 minutes ago, Psean1977 said:

Yes, He has mother's permission to travel to leave the US. 

 

I am trying to understand and seek inputs on his basis to be admitted to the US, given the situation of his H4 Visa (Extended until July 2024, but not stamped).

No visa, no stamp, no advance parole = no entry to the US.

Edited by OldUser
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Boiler Grand Master

Boiler   45,466

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15 minutes ago, Psean1977 said:

If I were to try and get his visa stamped while in India, is that doable in 2 weeks? Is his mother required to be present in India too?

Definitely check with the Consulate

 

2 weeks is tight

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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OldUser Veteran

OldUser   6,625

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24 minutes ago, Psean1977 said:

If I were to try and get his visa stamped while in India, is that doable in 2 weeks? Is his mother required to be present in India too?

1. Indian embassies are known to be somewhat tough

2. I know the kid is only 8, but what if he's put in administrative processing for several months? I'm not aware of age restrictions for admin processing....

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igoyougoduke Experienced

igoyougoduke   1,656

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11 hours ago, Psean1977 said:

My 8 year old son, is on Dependent H4 Visa (My Ex-Wife is the Principal H1B Visa holder). Her H1B Visa was extended last year, but both she and my son did not get it stamped yet.

I am on Green card, and I have started the GC process for my above mentioned son (I130 applied, have received a receipt notice). Given this, can my son travel with me to India for a 2 week trip and return without needing stamping? If he does need stamping, what is the timeline for that?

 

Need to travel to India on Feb 16th 2024. I will highly appreciate any prompt inputs.   

you cannot enter the US without visa stamping. That is the whole purpose of visa stamp. it is an entry ticket. Also if the child mother does not have custody, the child no longer has h4 status. 

Edited by igoyougoduke

duh

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