easytiger

I wanted to ask you question.

While waiting for our I-94 extension which was filed in Feb 09 for my husband and son and mine was files with my motion to re-open. My husband was advised his dad had days to live so he flew to London and re-entered the USA on a VWP, i know not a great idea but this expires on June17th. We are still waiting for the I-94 answer. So in the meantime I have booked an interview in Nogales, Mexico to renew our E2 visa's. Am I right in thinking I have to wait for the I-94 decision before we go and worse case what if it is denied. then what ?

crg

If your extension is not granted before the interview the US consulate in Mexico may not be allowed to grant you the visa. If they realize that this applies to you, the visa may only be issued in your home country. The application asks about prior unlawful presence, so complete the application carefully. Misrepresenting the denial would be a material fact.

Section 222 of the INA:
(g) 2/ (1) In the case of an alien who has been admitted on the basis of a nonimmigrant visa and remained in the United States beyond the period of stay authorized by the Attorney General, such visa shall be void beginning after the conclusion of such period of stay.

(2) An alien described in paragraph (1) shall be ineligible to be readmitted to the United States as a nonimmigrant, except-

(A) on the basis of a visa (other than the visa described in paragraph (1) issued in a consular office located in the country of the alien's nationality (or, if there is no office in such country, in such other consular office as the Secretary of State shall specify); or

(B) where extraordinary circumstances are found by the Secretary of State to exist.

You may want to make the appointment in the UK.

ian-mstm

If your husband's E2 visa is expired *and* that I-94 is expired, then he is limited by the expiry date on his *current* I-94. He must leave the US by June 17 *unless* the E2 extension is approved and received before that date.

If I'm incorrect, I'm sure someone will let you know.

Ian

easytiger

We have i-94 extension's pending, I was thinking that once he came back to the usa on a vwp he invalidated his i-94 before it had been extended. But I was thinking if we got the i-94 extensions approved we would fly to Mexico and renew the E2 visa's.

easytiger

I would wait to get the decision on the pending I-94 extensions before I went any where, but I would go back to London if they are denied and apply for the E2 there.

easytiger

While we were waiting for the decision on the I-94 extension our lawyer was asked to summit more evidence (original bill of sale, transfer of funds and up to date pictures of the restaurant) this was sent and received by the USCIS on the 16th May, so I am thinking do they even know my husband came back in the usa on a VWP on the 16th March.

crg

The husbands last entry was on the VWP. The application to extend the E2 I-94 is abandoned. Receiving approval now doesn't mean he can stay. The most recent class of admission supersedes anything he receives in mail now.

ian-mstm

Y'see... I knew someone would correct me! Thanks!

Ian

easytiger

My husband :
Entered USA : E2 Visa Holder on Feb 25th 2005.
i-94 extended Feb 2007 - Feb 2009
I-94 extension pending Feb 2009 - (additional info requested to be received by May 16th)
Left USA 16th March - re-entered 19th March VWP

My Son
Entered USA : E2 dependant on Feb 25th 2005
Left and entered on 3rd June 2006 (i-94 valid til 22nd June 2008)
May 26 2008 I-94 sent to USCIS for extension - Jan 2009 approval notice received valid til Feb 2009
I-94 extension filed with my husbands pending Feb 2009 -

Me
Entered USA :E2 Visa Holder on Feb 25th 2005
Left and entered on 3rd June 2006 (I-94 valid til 22nd June 2008)
May 26 2008 i-94 sent to USCIS for extension - Jan 2009 denied as working without EAD filed an I-539 thinking I was a spouse when in fact I was an E2 holder, original lawyer problems.
March 17th Filed a motion to re-open with new evidence and another request to extend I-94
March 20th original denial reversed giving I-94 extension til Feb 2009
I-94 extension pending Feb 2009 - (additional info requested to be received by May 16th)


I hope this makes sense to you all, as i am now blown away.

ian-mstm

You and your son are both fine so far. Your husband, however, must leave the US by June 17. If I understand this correctly, he negated the I-94 extension by leaving the US... and it doesn't matter why he left. Very likely, he needs to apply for a new visa... and he can only get a new visa if he is *outside* the US.

Ian

JCraigFong

I am rushed for time today, I don't have complete facts and I don't have time to look up the relevant section. I am sure there's a smart lad or lass here who can address my concern:

What status did the husband and son apply for Extension of Stay (EOS)? E? or B? Did they file on separate I-129s? Or did they file on the same I-539? IF they filed on the same forms, then IF the father departed before adjudication of the application, then NOT ONLY did the father abandon the processing of the EOS, but QUAERE whether it cancels the son's inclusion on the same form.

IF so, the child might be out of status.

--J

easytiger

My husband filed an I-129 and my son filed a separate I-539, So i assume he has only violated his own status.