CAProgrammer

Better late than never . Also, even if their current situation is ironed out, isn't there some sort of limit on the number of years you can spend in the US on L1 status before you have to leave for a year and return? Or is that only for H1-B? So the Immigrant Visas they would get via you will be very welcome especially if they want to settle down there permanently at some point.

coopa_troopa

Yes, you're right. However, L1 is a dual intent visa. And his employer had already filed an I-140 petition which is (or was) pending at the time they left.
Guess that's out the window now as well

I'm struggling to come to terms with how someone can have it all to look forward to (another 2 years in status and possibility of LPR) then it all being snatched away in an instant. And to not have suspected any of it.

All for the sake of visiting family for Christmas

crg

From Canada or Mexico, although I would not recommend it. I suspect they may frown upon people who arrive after being specifically told not to.

coopa_troopa

ESTA denied

SanDiegogirl

You said in one of your earlier posts that your son arrived in the US on an L1
around November 2010. Then he had his L1 renewed 6 months after that which would make mid 2011 - so what was the visa he was applying for when he went back to the UK this Christmas?

Most L1's are given for 2 to three year durations; unless the transfer to the US was based on a new company being set up here in the US. Was this the case? Is the company he came over with still in business?

Giantaxe

That's what I'm wondering too. There's more to this story than the OP presumably knows.

coopa_troopa

Not sure where I posted those details, but here's how it is.....

Arrived September 1st 2010 on initial L1 for one year.
Renewal applied for in August 2011 but only received in October 2011, although it was back-dated to September 1st 2011.
2 year renewal valid to August 31st 2013 with I-94 valid to same date.

So, although he was in status with the I-94, the visa which was put in his passport at his consulate interview in August 2010, had long since expired when he left for this trip. Hence the visit to the embassy for a new visa to re-enter.

My understanding is the I-94 keeps you in legal status here, but once you travel outside the US you have to get a new valid visa to come back as it's the visa which gains you entry, not the I-94 which is taken out of your passport as you leave.

Think I have that right

coopa_troopa

Yes, as is the UK one.

coopa_troopa

Now you've got me wondering if I'm going nuts. Can you direct me to where I said that?

N1cky

Sounds right to me, that was our situation too this year, although we originally had 2 year visas.

CAProgrammer

That sounds right, I don't think they issue visa stickers when you are in the country; they just give you a letter extending your status. If you leave the country you need to apply for a new visa sticker at a US embassy abroad using the letter to be able to re-enter the country.

There was someone on here who was on a H1-B with the same problem. He went home for what was supposed to be a 2 week vacation and to get his new visa sticker in his passport. He wasn't refused his visa sticker, but went into administrative processing for 6 months+ and was very upset about it as he still had to make rent payments, car payments, etc in the US while his US company wasn't paying him as he was stuck in the UK.

They should just start doing the visa stamping while you are still in the US if you application is approved so people have peace of mind. Approving you while you are in the country and then denying a visa sticker when you go on a vacation to complete what you think is a formality is just cruel.

Alternatively, the person residing in the US should just not leave to be on the safe side. Fly family members to you instead of you going to them; if you miss snow go to one of the north-eastern states in winter, if you want sun go to California, if tornadoes are your thing then go visit some place in the tornado alley .

crg

They used to renew visa stickers within the US by mail, but stopped doing it for most classifications in the mid 2000's. The law changed and required the DOS to get the fingerprint information at the time of visa issuance each time they issued a sticker. The DOS would have had install fingerprint scanner and cameras at hundreds of post offices and have people to work them all within the US.

Also, they probably wanted the person to be outside the US when denied. Considering many of these applications are fraudulent, the cheaters wouldn't leave if denied and they were still in the US.

coopa_troopa

Exactly. That's why I feel so aggrieved that there are probably many people still here in the US who shouldn't be, yet my son did everything openly and with honesty and he can't come back.

He's no fool. There is no way he would have left if he had anything to hide.

Maybe the one foolish thing he did was trust the system.

DavidLemon

When the New Year holidays are over, your son needs to talk to his company and their Immigration Lawyers to see what is wrong with the petition. They are being accused of misrepresentation, so they need to deal with it.

Im sure that if everything has been honest and above board then it can be rectified quickly, ensuring a swift return back to the US.

Fingers crossed for you and your family. Keep us all posted.

Nutmegger

Were you referring to naturalization for yourself when you said this? It is not the case; the time will depend on your local center's backlog, but it will be months, not years for you to attain citizenship. However, filing for your son after that would indeed take much longer.