H-4 overstay of 13 days. Need urgent help!!

[lonestartexxan]

Hi All,

Please see below information and dates for my wife's & daughter(2 years)'s H4.
1) Their I-94 were valid till - 4th Sept 2016
2) They left US and went to home country on - 17th Sept 2016 (as soon as we realized that we had to file their extension before 4th Sept 2016)
3) My employer filed H-1 extension for me (before 4th Sept 2016) & I got it approved till 15th July 2018. My employer said they do not do H4 extensions.

We were under an incorrect assumption that my H-1 extension would automatically extend my family's stay as well. But the day we realized my family left USA(after 13
days of visa expiration).

Now I am applying their visas using drop box facility. My questions are:

1) While filling up the DS-160 form, should I say 'yes' or 'no' about overstay? How significant it is of 13 days overstay?
2) If I say 'yes' am I not inviting attentions?
3) Lets say if I say 'yes', what all details I need to mention like I-94 numbers, dates, reason(ignorance), apology what else?

Please help me out.

[raghvi]

Hi All,

Please see below information and dates for my wife's & daughter(2 years)'s H4.
1) Their I-94 were valid till - 4th Sept 2016
2) They left US and went to home country on - 17th Sept 2016 (as soon as we realized that we had to file their extension before 4th Sept 2016)
3) My employer filed H-1 extension for me (before 4th Sept 2016) & I got it approved till 15th July 2018. My employer said they do not do H4 extensions.

We were under an incorrect assumption that my H-1 extension would automatically extend my family's stay as well. But the day we realized my family left USA(after 13
days of visa expiration).

Now I am applying their visas using drop box facility. My questions are:

1) While filling up the DS-160 form, should I say 'yes' or 'no' about overstay? How significant it is of 13 days overstay?
2) If I say 'yes' am I not inviting attentions?
3) Lets say if I say 'yes', what all details I need to mention like I-94 numbers, dates, reason(ignorance), apology what else?

Please help me out.

1. Yes.
2. You may be questioned, but can say that as soon as they realized, they left.
3. I-94 expiry, reason could be oversight.

This is my opinion not legal advice.

[lonestartexxan]

1. Yes.
2. You may be questioned, but can say that as soon as they realized, they left.
3. I-94 expiry, reason could be oversight.

This is my opinion not legal advice.

Thanks raghvi! is there anyway or mechanism that I can submit any document or attorney prepare a letter or something for USCIS which I can submit before the visa application or at the time of interview we can present explaining the 13 day overstay?
Thanks

[raghvi]

Thanks raghvi! is there anyway or mechanism that I can submit any document or attorney prepare a letter or something for USCIS which I can submit before the visa application or at the time of interview we can present explaining the 13 day overstay?
Thanks

The letter basically should state what were the extraordinary circumstances due to which the extension was not filed before current I-94 expiry, and proof of the same.

This is my opinion not legal advice.