Pulaski

On the contrary, I think it is obvious what he is trying to do (return his son to the US on a derivative E-2 visa), it is the steps he has taken so far, and what his plan is to get to a satisfactory outcome, that are a mystery.

christmasoompa

To be fair, you called your son a bloody idiot - Ian just suggested that it may not actually be his fault!

But people will happily give you 'some insight on what you should have done and where to go from here' if you can answer their questions, which are fairly pertinent to the next step.

If you can give a bit more info, then I'm sure you'll get good advice (although some of it may be on the blunt side!).

Good luck.

sir_eccles

As I summarize the situation:

- son was in US on E2 derivative visa
- son lost passport and birth cert
- son's I94 was about to expire
- son got emergency passport and flew to UK
- son now has new passport and copy of birth cert
- son tried to fly to US and was denied boarding
- son is still in the UK

Answer seems to be to go to the Consulate in London and apply for a new E2 derivative visa with all details of current E2 visa held by the primary and details of previously held derivative.

gunnerz

Ok maybe I have not made it clear
We Re here on our second term e2 visa. Got my renewal in 2009 via TCN in Mexico City.
Visa expires 2016
My sons i94 was expiring so we planned a trip to the UK for him.
We could not find his birth cert passport and obviously visa.
I contacted the embassy in London.
They informed me he needed to get his visaatvthe issuing visa in Mexico. They told me he would need to either apply for a new passport and birth cert or fly to the UK to get them.
The deciding factor was his i94 as he only had 2weeka left on it. We new it wpukd take longer than that to apply for a new passport from the USA. So we made the decision 'naively' to send him back to the UK to get his passport and birth cert. travel back without his visa enter as a tourist which he effectively was as he had no visa. Then arrange the appointment in Mexico travel and get his replacement e2 come back into the US with i94 renewed.
Mistake yes obviously but I am open to advice of what we should hVe done and what do we so now

sir_eccles

Water under the bridge but in future never call the embassy/consulate for immigration advice. They are not trained to hand out advice and the supreme court has held them not responsible for giving out incorrect advice (which they usually do).

scrubbedexpat099

As an aside I thought the longest an E2 visa could be issued for was 5 years?

For a whole variety of reasons the VWP was never going to fly but that is water under the bridge.

Option one seems to be to go to Mexico but I am surprised that he can not interview in London, I assume you mean you contacted the Consulate, who at the Consulate?

scrubbedexpat099

Lots of water....

gunnerz

Oh my really!!
I guess it's naive to assume an immigration officer would know about immigration considering there are the people you have to deal with when going through the process

Michael

Ditto.

Unless you have a direct line to someone at the London Embassy, you were likely talking to a outsourced "call center" who's people are given very little training and usually give an incorrect answer.

Since that is usually the case, your best alternative may be to have a one-time consultation with an immigration attorney to try to figure out if the London Embassy can issue the visa.

Owen778

I agree, but I'd split that into Option 1a is to go to Mexico almost immediately, and Option 1b is to apply immediately and wait in the UK until a couple of days before the appointment in Mexico City. The flights might be more expensive, but he has family he can stay with.

I'm also surprised he can't apply in the UK. The problem is that the only way to find out for sure is to apply and see what happens, which could be a big waste of time. Edit: Agree with Michael that an immigration attorney in the UK may be able to give more information.

I do have one other point, though: I'm assuming that you (the OP) realise that your son's E-2 status will expire as soon as he hits age 21? He may be able to extend that by marrying a US citizen or by applying for an F-1 visa to study (though there's no guarantee of US residency after this). However, if his plan is to return to the UK, now would be a good time to start investigating his options there, for both studying and employment.

scrubbedexpat099

Pretty much impossible to speak to an Immigration Officer which is why we are asking.

sir_eccles

Even if you were actually talking to an immigration officer and not a call center drone, their training is in processing the forms in front of them not training in the law. Immigration attorneys are trained in the law.

I was wondering that myself. What is the OP's ultimate plan for his long term future? This whole situation may be a blessing in disguise.

Noorah101

So here's what I would do. Since your son is already in the UK, have him apply for the E2 at the London embassy. In my opinion, since he's s UKC, that should work.

If that fails, come back and ask here again. I highly doubt the E2 MUST be issued in Mexico.

Rene

crg

I concur with Rene. A visa app is cheaper than a flight and the hazards of Mexico.

MarylandNed

You're still not giving the full story IMO. What actually happened in the UK? Was your son denied boarding in the UK by the airline (there is no U.S. pre-clearance in the UK)? What reason was given? No ESTA?