Navigating H-4 Status Denials: A Success Story with Heckler Law Group
In April of 2021, a concerned individual contacted Heckler Law Group seeking assistance with reinstating his wife’s and child’s H-4 status.
A Rollercoaster of Denials and Delays
Concurrently with his employer’s petition for extension of his H-1B status, the prospective client had properly filed applications for the extension of his wife’s and child’s H-4 status. What followed was a rollercoaster of developments. After waiting several months for the applications to be processed, the outcome was a mix of approval and denial. While the petition for his H-1B extension was approved, the H-4 applications for his spouse and child were denied.
The reason behind the denials was disconcerting: USCIS claimed that the primary H-4 applicant had never appeared for a scheduled biometrics appointment. The applicant, in fact, had never received a biometrics appointment.
As the H-4 applicants’ status had expired by the time the denials were received, they were greatly concerned about accruing unlawful presence and the potential resulting bars from the U.S. Their concerns and fears were valid. Remaining unlawfully in the US for over six months could result in removal from the U.S. and being barred from re-entering for three years. Unlawful presence of more than one year could result in a 10-year bar.
Despite the reason for the disparity between USCIS’ biometrics appointment claim and the applicant’s non-receipt, Heckler Law Group was prepared to address the denial, drawing from past experiences with similar cases.
Heckler Law Group’s Approach
Heckler Law Group stepped in to address the client’s dire situation. With a thorough examination of the applicants’ circumstances and H-4 extension denials, the firm was determined to rectify the situation. They prepared a Motion regarding the denied H-4 applications, a pivotal step that would prove to be a game-changer.
The Motion was submitted in April, not long after the client retained Heckler Law Group. However, the road to resolution was far from linear. It took nearly three months for USCIS to approve the Motion and, thus, commenced the wait for the H-4 applications to be reopened and processed. During this period of uncertainty, the applicants had continued residing in the U.S. without proper status, and with the stress of the repercussions looming over their heads.
Collaboration and Victory
Seven months after the approval of the Motion, the H-4 applications had not yet been reopened. During this unusually long period, Heckler Law Group displayed unwavering commitment by diligently and continually contacting USCIS through every possible avenue. Despite their exhaustive efforts, no response or action was coming forth from USCIS.
In a critical turning point, Heckler Law Group collaborated with a Congressperson, contacted by the client, to intervene in the process. This is a step that often proves helpful once all other options for relief have been exhausted, and the case has been properly prepared. The representative made an inquiry with USCIS in May 2022. This intervention injected new momentum into the case. Finally, in June 2022, USCIS reopened the previously denied applications.
A New Chapter Begins
Just a few days after the applications were reopened, the H-4 extensions were approved with no gap in the applicants’ status. This outcome had profound implications for the client, spouse, and child, as the approvals eliminated the unlawful presence issue. The cloud of uncertainty that had hung over them for more than a year was finally lifted, and they could remain in the U.S. without fear of sudden departure or a prolonged absence.
A Tale of Dedication
The journey of this client with Heckler Law Group exemplifies the importance of having seasoned legal support while navigating the U.S. immigration system. Heckler Law Group’s relentless pursuit of justice and advocacy for their clients showcases how the right legal partner can turn a tumultuous immigration journey into a joyful triumph for individuals and families.
Are you facing immigration challenges? Book your free case evaluation, or simply contact us to receive personalized guidance on your journey through the U.S. immigration system.