Minnesota Family Members of H1-B Workers Attorney


If you have an H-1B status and would like your spouse, and/or unmarried, minor child(ren) to join you in the United States, they are eligible to obtain an H-4 visa. With this visa, they will be able to attend school, travel abroad, and obtain a driver’s license, however, this license does not permit them to work. In order to work, they must apply, and qualify to United States Citizenship and Immigration Services to change their status to working.

As your minor child nears their 21st birthday, their H-4 status must be changed in order to stay in the United States. This status must be changed to attending a post-secondary education, or another suitable status that suits their situation. If your child does not have their status changed by their 21st birthday, regardless of what their I-94 Arrival-Departure Record indicates, they will be subject to deportation. If your child stays for more than 180 days after their birthday without a change to their status, they will need to apply with an “unlawful presence” waiver in order to update their status to permanent resident.

As a child nears their 21st birthday the legalities of their being able to immigrate with their parents can become tricky. If they turn 21 prior to getting their employment-based application for a green card approved, your child will be seen as having, “Aged-out” and might not be able to obtain permanent residents. That said, because of the Child Status Protection Act, certain families might be able to immigrate together regardless of if their children are already 21 years of age, or older.

We welcome your call today at 952-361-5556 (or fill out the free case evaluation form below) to help you through the legal issues of your Family Members of H1-B Workers case.

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