eightstepper

I am a holder of an E2 visa but my I-94 expired 11 months ago. Usually I would get a new I-94 (for 2 years) upon reentry to the United States.

Will I get a new I-94 when I reenter the US even though the old one has expired or is there another way to get a new I-94 without leaving the United States?

I will greatly appreaciate your help in this matter.

Ivonne

I dont know 100%, but i think, you are in a very bad position. Since your I-94 has expired for more than 6 months, you will be banned from reentry for 3 years after leaving. I don't know, if you can do something, get this corrected, if you stay in the US.
I would reccomend a good immigration lawyer to solve this problem.

A valid visa does NOT mean, that one can stay in the country for as long the visa is good. The expiration date on the I-94 states the actual admission time!

crg

Once the I-94 expires, even for a day, then the visa is cancelled under section 222(g) of the INA. Your visa is essentially gone and you need a new one. You need to travel to your home country, or country of last residence and apply for a waiver of section 212(a)(9)(B)(i) INA to overcome the three year bar along with a new visa.

You can't extend your status within the US because you no longer have any status to extend.

If you apply for admission again with that visa, you could be barred for 5 years or more if they figure it out.

The last E-2 I saw in this situation took 5 weeks to get the new visa and reenter the US. However, he had only overstayed 3 months and didn't have a 3yr bar.