i-94 INFO

[Jax]

Hi
Does anyone know what happens if your visa is submitted for renewal with your I-94 in date but as the Embassy are taking so long for renewals i have heard any thing from 6 months to a year plus your I-94 goes out of date.You can't leave the country but will immigration extend the I-94 while you wait for visa to hopefully renewed
Thanks Jackie

[chris]

Jackie,
You need to get on top of this pronto.
Quick 101. Your E2 Visa issued by the State Dept allows you entry to the POE (Point of Entry) only and then only as far as the USCIS desk. It DOES NOT give right of physical entry into the US. That is determined by USCIS. When they approve your entry into the US they give you the I-94 usually stamped for 2 years. It is a small and insignificant piece of card, but it is really, really important.
To remain legal in the US you must 'maintain status'. By that term you must always keep your I-94 current. DO NOT EVER let it expire. If your E2 Visa stamp has expired and your application is in with London, you can't leave the US because without a new E2 Visa in the passport, you wouldn't get back in.
What you have to do in those circumstances and I think you're in that boat is to renew your I-94 by mail with USCIS. It is called applying for 'An extension of Status'. You will need to complete a form I-129 for you the Visa holder and I-539 for your family members. The fees together come to about $400.00 and you file in Vermont if you live in Florida. Your VC or VA can do it for you (for a fee) but it's not rocket science and the exercise will do you good and be a good learning exercise. If your VA/VC is so expert they should be on top of the I-94 issue for you. If they aren't, ask pertinent questions why. If you let your I-94 expire, without really good reasons for the delay in renewal you are well and truly up the swanee without an E2 paddle! USCIS processing times vary, but our last one in 2004 took from August through October. When you send in the package ensure that you send it priority certified mail with return receipt. That way you know when USCIS got it. They in turn will will send you a 'Notice of Action' which is your receipt ofr the applcations. The next Notice of Action should be the approval of the new I-94's. So long as you have that USCIS receipt dated BEFORE your expiry date, you're OK. You will also note that your US Driving license is now tied in with the I-94, so you have the double pain of waiting for USCIS to process the I-94 and your license expiring.
If you go to www.uscis.gov it will help you through the 'maze.
We've done this route since 2002 and it's relatively easy peasy.

[SarahG]

Hi Chris,

Your info about the I-94 extension is very informative and something we will be considering should the London Embassy continue to be taking 24+ weeks and not the 8 weeks that they "promised" would happen.

Our I-94 doesn't expire until 2008 and so I was wondering if you know what is the earliest we can apply for the extension through Vermont?

Thanks in advance.
Sarah

[chris]

Sarah,
What is your status with USCIS at the moment?
Are you on a B Visa or have you changed status to E2 with USCIS? Important to know that first.
If you've changed status whilst in the US to E2, then what you have to do is apply to 'extend status'. You complete I-129 for main person and I-536 for spouse, kids. Go to USCIS home page:
http://www.uscis.gov/portal/site/uscis
Find forms and look up those I've mentioned. It tells you there what is the earliest you can apply. I think it's no more than 60 days before, but check it out first. The process can take as little as 3 months. It took us 6 months this time to renew them as USCIS asked for more information.

[SarahG]

Hi Chris

We have an E2 Visa in our passport. We did NOT change status from B2.

I've read your earlier posts and we share the same thoughts and that is to extend I94 at USCIS until such a time that the Embassy gets better on their processing times and requirements.

Thanks

Sarah

[InnVic]

We got our 1-94 extended just by taking a vacation to Mexico - lets think about that a week in the sun for $400 and a free !-94 or sending off boring paperwork to VT?? no brainer.

So if your visa is still valid try a cross border jaunt - you may get lucky and get a two year extention - if not you've had a vacation and can get onto Vermont as soon as you get back :-)

[britcan]

How did you do that, I am not understanding the process, please would you explain.

[britcan]

Jackie,
You need to get on top of this pronto.
Quick 101. Your E2 Visa issued by the State Dept allows you entry to the POE (Point of Entry) only and then only as far as the USCIS desk. It DOES NOT give right of physical entry into the US. That is determined by USCIS. When they approve your entry into the US they give you the I-94 usually stamped for 2 years. It is a small and insignificant piece of card, but it is really, really important.
To remain legal in the US you must 'maintain status'. By that term you must always keep your I-94 current. DO NOT EVER let it expire. If your E2 Visa stamp has expired and your application is in with London, you can't leave the US because without a new E2 Visa in the passport, you wouldn't get back in.
What you have to do in those circumstances and I think you're in that boat is to renew your I-94 by mail with USCIS. It is called applying for 'An extension of Status'. You will need to complete a form I-129 for you the Visa holder and I-539 for your family members. The fees together come to about $400.00 and you file in Vermont if you live in Florida. Your VC or VA can do it for you (for a fee) but it's not rocket science and the exercise will do you good and be a good learning exercise. If your VA/VC is so expert they should be on top of the I-94 issue for you. If they aren't, ask pertinent questions why. If you let your I-94 expire, without really good reasons for the delay in renewal you are well and truly up the swanee without an E2 paddle! USCIS processing times vary, but our last one in 2004 took from August through October. When you send in the package ensure that you send it priority certified mail with return receipt. That way you know when USCIS got it. They in turn will will send you a 'Notice of Action' which is your receipt ofr the applcations. The next Notice of Action should be the approval of the new I-94's. So long as you have that USCIS receipt dated BEFORE your expiry date, you're OK. You will also note that your US Driving license is now tied in with the I-94, so you have the double pain of waiting for USCIS to process the I-94 and your license expiring.
If you go to www.uscis.gov it will help you through the 'maze.
We've done this route since 2002 and it's relatively easy peasy.
I thought once the E2 visa had been issued in the passport then the UCSIS cannot refuse you entry unless they suspect you of a crime etc....after all the adjudication has already taken place before you get issued the E2. Am I missing something please?

[Darlington Dan]

Hi,I am on a B2-E2 Change of status and had to go back to the Uk quickly as one of my family became very ill suddenly.
I rang the USCIS and told them that I was on change of status and the Guy told me to take all my relevant paperwork with me and go and come back to the States once I had everything sorted out.
I stayed in the Uk for 3 weeks ,returned through Sanford where they asked me further questions and put an I 94 in my passport and charged me about $285 for the paperwork.
This I 94 is valid until next May (2008)when my change of status runs out,has anyone got any idea what would be the best path to go down next ???????

[chris]

Sarah,
Now that you've said you have an E2 passport visa, then the advice InnVic gave is what I would have given. Before your passport visa date expires, leave and come back into the US - a cruise would be nice. The USCIS will give you a fresh I-94 which MAY be for another 2 years OR it may just be to the date the E2 Visa expires. You can't second guess the USCIS I'm afraid. Alternatively, renew by applying to USCIS direct using the forms I suggested. You'll pay about $400, but you will get 2 years from the date your current I-94 expires.
Darlington Dan,
The advice for you would be to 'extend your status via USCIS direct, same way as suggested to Sarah. Go to the www.uscis.org site and check out the forms and guidance. Also up to date fees. You usually send the forms to Vermont Service Center.