easytiger

Surely people make errors and do these errors then cost them to have to leave the usa for good and start over, after everything we have been through to get here i just find this amazing i am not intentionally avoiding the law it was a mistake, why are things so complicated i was working within my own business paying taxes, its like i can not win, paying social security which is something i will never see, unless i have an investment of a million bucks then i could try for a green card and yes i know an E2 is not a permanant way to stay in the usa to it still is not making my situation any easier to handle.

crg

On the contrary, I believe you made a mistake. I wouldn't fault someone who was eligible for an EAD and an extension that simply forgot about the EAD and then was honest about the problem on an application.

I save my righteous indignation for those who are inelgible for an EAD, work anyway, and then make false statements about it.

I merely wanted to help you identify the problems you are likely to encounter when working to straighten out the situation. I give you a lot of credit for your honesty and I hope the consular officer and DHS will see it as an honest mistake as well.

I agree with the others when I say you could use the services of a qualified immigration attorney. You have a lot riding on this and good attorney may be able to help present your case to the government.

The government doesn't have a lot of discretion when deciding what is a violation in this type of case. It's a matter of what you did, and how long you stayed. They can't consider things like intent, inadvertant mistakes, or knowledge of the law. They do have some discretion when you seeks to overcome the past violation and can consider other factors.

Good luck.

fatbrit

It's certainly not! Looks like it's probably time to start packing for an orderly departure from the US and tying up all those loose ends while you have the opportunity.

easytiger

Hi

I wanted to give everyone an update on my status, I sent off an appeal to re-open and they received my explanation and supporting documentation and approved my i-94 til Feb 24th 09. This matches my husbands and sons. My husband filed his extension along with my sons on the 23rd Feb and I also have another i-539 filed with my appeal to re-open, I had a question and the question is my husband had to leave the usa on a medical emergency for 3days and had to re-enter on a vwp which runs out on the 17th june, if we get our i-94's approved can we take the vwp to immigration where he enetered and explain, would they take his vwp from him without him leaving ? or should we just apply to renew our E2 in Barbados (shortest wait times). Any advise would be gratefully appreciated.

Thanks Natasha

easytiger

Sorry just to add my original lawyer got our e2 visa's approved and also advised me to get an ead even thou I was an e2 holder which is what has caused me to get a denial in the first place, i am extremely frustrated with thw whole situation but what can I do, I ned to jst move on and sort this mess out. But I now know I an an E2 holder my self so never have i needed an ead to work in my own business.

md95065

You do realize that if your husband's most recent admission to the US was under the visa waiver program he cannot work while he is here, don't you?

The only advice that I can give you is that you really need to consult an immigration attorney to try and get all of this straightened out. If you aren't happy with the attorney that you have used in the past then get a new one, explain everything to them, and listen to what they tell you. This is much too important for you to be relying on an internet message board for legal advice.

scrubbedexpat099

Ditto

easytiger

Yes i do understand he can not work and yes I do have a lawyer, thankyou for the advice.

easytiger

My lawyer is advising I pay her $4000 for an E2 renewal which I am confident in doing myself, I was really enquiring has anyone got any details about applying for a renewal in Barbados as the processing times in London are too long.

Ray

You have to check with the Consulate there ..to ask if they
will accept your application..
http://barbados.usembassy.gov/niv-e1_e2.html

easytiger

Hi all

Just contacted Barbados they are excepting E2 renewlas but earliest interview date October 2009.

ian-mstm

It's an easy mistake to make... I think you mean they are "accepting" E2 renewals - that's good news for you. If they were "excepting" E2 renewals, that would be bad news.

Ian

easytiger

spelling error noted, thanks.