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回答: 緊急請教8老師:DS260表非法滯留問題daiwang1232017-11-08 05:29:56

Last question from DS260:

 "Have you ever been unlawfully present in the U.S. for more than one year or more than one year in the aggregate at any time during last 10 years?”

 My daughter 's H4 visa (Dec,13, 2014 issued) expire date was Jun, 18, 2017, and she had 10 years B1/B2 visa expired in 2019;

I got green card in September, 2016 (I had H1-B before then), so her lawful stay date should be by September, 2016, right?   Should I answer yes and how to explain? 
-Her status was invalid from the date you got the green card, but her unlawful presence was counted from the date her H-4 I-94 expired. Just explain "overstay" from June 18, 2017 to present.

I am curious why your kid did not file I-485 together with you or before you got your green card (she even was qualified to file I-485 within 180 days after you got your green card).

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非常感謝8老師! -daiwang123- 給 daiwang123 發送悄悄話 (533 bytes) () 11/08/2017 postreply 19:17:46

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