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Adventures at the San Diego/Tijuana border

Adventures at the San Diego/Tijuana border

Old Oct 13th 2021, 12:52 am
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Default Adventures at the San Diego/Tijuana border

My wife and I had I94s expiring in December and E2s through to 2024. To avoid having to fly with my 1 year old son (US passport) we asked the Las Vegas Customs & Border office to extend the I94s, they refused and said the process is to contact USCIS and request an extension of stay - not a great option since getting a reply takes a year. So we drove 5 hours instead - walked across the border at San Diego, turned right and walked back in.

The immigration officer in San Diego said he would not extend the I94s because they still have time on them and I should try again closer to expiry! I told him that I believed that position to be incorrect and an E2 visa holder entering the US should be issued a two year I94. He was a nice guy so said he would send me back to the permits office to see if they would do it. In that office three officers had a huddle, and they decided it would be OK to issue them if I paid $12, so I did.

So for anyone doing this I suggest going into the older colonial building on the right that says permits, before the main immigration line.

A few years ago I tried the same this at this border and I was refused a new I94 because they said a one day trip was not meaningful and that contiguous US is not enough of a trip. All bullshit, but they interpret the rules, so you cant argue with authority. I think having a one year old American with me helped get it done this time.

The joys of the E2 :-)



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Old Oct 13th 2021, 3:18 am
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Default Re: Adventures at the San Diego/Tijuana border

Originally Posted by E2Brutus View Post
My wife and I had I94s expiring in December and E2s through to 2024. To avoid having to fly with my 1 year old son (US passport) we asked the Las Vegas Customs & Border office to extend the I94s, they refused and said the process is to contact USCIS and request an extension of stay - not a great option since getting a reply takes a year. So we drove 5 hours instead - walked across the border at San Diego, turned right and walked back in.

The immigration officer in San Diego said he would not extend the I94s because they still have time on them and I should try again closer to expiry! I told him that I believed that position to be incorrect and an E2 visa holder entering the US should be issued a two year I94. He was a nice guy so said he would send me back to the permits office to see if they would do it. In that office three officers had a huddle, and they decided it would be OK to issue them if I paid $12, so I did.

So for anyone doing this I suggest going into the older colonial building on the right that says permits, before the main immigration line.

A few years ago I tried the same this at this border and I was refused a new I94 because they said a one day trip was not meaningful and that contiguous US is not enough of a trip. All bullshit, but they interpret the rules, so you cant argue with authority. I think having a one year old American with me helped get it done this time.

The joys of the E2 :-)
Wow. I’d still have flown roundtrip same-day (as I did back in May), especially that the land border is still shut for non-essential traffic. You could have been refused entry, technically.
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Old Oct 13th 2021, 7:49 pm
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Default Re: Adventures at the San Diego/Tijuana border

I think they have relaxed things a bit but back in the day they would not renew. We were refused a new I94 at PHX having flown to Mexico for three nights. Luckily they took pity on our daughter whose I94 was expiring that month but not us who still had 3 months left our I94. I have heard of others having a hard time when crossing by foot and others just float through, I guess it is who is working and what the directive of the day is.
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Old Oct 14th 2021, 6:38 pm
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Default Re: Adventures at the San Diego/Tijuana border

Originally Posted by wisygreen View Post
I think they have relaxed things a bit but back in the day they would not renew. We were refused a new I94 at PHX having flown to Mexico for three nights. Luckily they took pity on our daughter whose I94 was expiring that month but not us who still had 3 months left our I94. I have heard of others having a hard time when crossing by foot and others just float through, I guess it is who is working and what the directive of the day is.
Yes, it is frustrating. A few years back there was a mean lady at Las Vegas airport who denied me an extension (by entering into computer without an exit) even though I met with USCIS who sent me there and told me they would do it. So I went back again and she was in the office so I left. Then I went again and there was another guy, and he extended it. I was nervous while he was doing it because the mean lady could have come back any time!

Anyway British immigration are no joy either, they denied my Japanese wife entry before we were married because they said my surname did not sound British! They put her in a holding room and called me to confirm I am indeed British, and then let her through. They told me on the phone that I should get married because next time they may deny entry. So I did that. Thanks immigration.
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Old Oct 15th 2021, 8:21 pm
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Default Re: Adventures at the San Diego/Tijuana border

Not as crazy as one might think. “Flagpoling” can be problematic.

In my class on immigration law a long time ago, the first case we read was Rosengberg v Fleuti. As an aside, the instructor added “I’m Rosenberg.” George knew the case very well. Fleuti is considered a seminal case and it involved the SYS port of entry where you crossed.

Two of the cases cited in Fleuti have interesting fact patterns: Di Pasquale (overnight train from Detroit to Buffalo) and Delgadillo (ship torpedoed by U-boat and rescue by a Cuban ship).

I used to live in a part of LA which had been nicknamed Red Hill back in the day. An elderly neighbor was quite the racantour and was telling the story of her old neighbor “Frank.” The story sounded vaguely familiar. When Anna mentioned that his deportation case had been to the Supreme Court, a memory clicked and I asked “Is Frank’s last name Bonetti?” When asked if I knew “Frank,” I said only by the case. Bonetti v Rogers

Yes, the law is kind of strange.
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