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Can an H4 Visa holder enter the U.S alone?

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  • Can an H4 Visa holder enter the U.S alone?

    I just had my H1B Visa interview with my family and our visa's were approved. We should receive our passports in 5-10 business days.

    My son (16 years old) applied with me and he now has an H-4 Visa. I can enter the U.S right now if I wanted but I am going to wait one more month to tie up loose ends at home. My son's school started yesterday and I wouldn't want him to miss too much. Can he travel alone to the U.S alone without me? He will have a valid H-4 Visa on his passport. He will be staying with his older brother (22 years old) until I enter the U.S then we will all stay in the same place.

    If he can, what documents does he need to have with him at the airport?

  • #2
    Unfortunately he cannot and he should not try to enter when the primary H1B holder is out of U.S. There is no H4 status without the primary H1B holder maintaining his/her H1B status. When you (primary H1B holder) are outside U.S, you do not hold any status. So when you are not in H1B status, your son cannot enter U.S in H4 status as his status is dependent on yours. If the officer at the POE figures out that the primary H1B holder is outside U.S and the H4 holder is trying to enter U.S, he/she can deny entry into U.S. It is risky and not advisable.
    Not a legal advice. Use of this information is strictly at your own risk.

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