An H-4 visa applicant faced a major setback after their application was denied due to an unintentional six month overstay. The issue came to light only after the refusal, when an attorney carefully reviewed the family’s immigration history.
The lawyer was managing the H-1B extension process for the applicant’s spouse. During the review, it was found that the previous lawyer had not filed the required extension forms for the H-4 applicant, leading to a compliance gap.
As a result, the applicant unknowingly overstayed the visa validity by six months. Despite attending the visa interview on March 5, 2026, the violation remained unnoticed until the formal assessment during the application process.
The visa was denied under section 212(a)(9)(B)(i) related to unlawful presence. As per US immigration rules, staying beyond 180 days but less than a year can result in a three year entry ban.
Experts have pointed out that such cases can feel unfair, especially when errors are made by legal representatives. However, immigration rules place the responsibility on applicants to maintain valid status at all times.
During the interview, the officer initiated a waiver of ineligibility request. The refusal document stated that the consulate would reach out once a decision on the waiver is made.
Immigration experts caution that waiver processing can take more than a year. The timeline often depends on case complexity and administrative workload, which can further delay any possible resolution.
At present, the applicant must wait for the waiver outcome before taking further steps. Until a decision is made, entry into the US remains restricted due to the existing ban.
