Renewal Pre Approval Interview

[charliesmum]

We had a shock yesterday, when our vc told us that one of her other clients - also with a pool company - had to go for a Pre-Approval Interview at the Embassy in London. What would happen if they were turned down? Would they be able to come back here to sell up and move their stuff.

Bad news came that they had been turned down - the officer (not Meg) wouldn't accept that their paperwork showed that they had a 'real' company. She wanted invoices with copies of cheques attached - and have been told by someone else proof it was paid into a bank -, invoices to show where the parts etc that had been ordered had been used - proof they weren't for own use!! The officer said that if these people could prove that they had this, she would reconsider and probably grant them the visa renewal.

At least we now know what we can send in to support our renewal. Our vc has said if we get asked for a similar interview, we should ask if we can send the info in first and hopefully get a reply, before travelling.

I have calmed down now but yesterday was a bad day.

Zoe

[Susie]

Oh Zoe

I am so sorry you had a bad day. I know exactly how you feel. Up one minute and down the next.

This is why we need our site to become sucessful and to promote problems just like yours and bring it to the Senators and Judiciary committee

Today I have e-mailed the Ledger and asked for editorial. Nice lady said she would see what she can do for us.

Have contacted Dave Weldon's office?? or Senator Martinez office if not how about sending them both an e-mail on your case?????????


If you do, please mention www.expatsvoice.org Could be interesting if we all start to e-mail them saying we are part of this group

Hopefully then we can begin to be taken seriously

Please let us all know how things are going and if you need help if/when you go back to your home country I am sure by then we will have enough members and rally round and caretake your business in your absence

Hang on in there, I am sure will are all routing for you

[nakoic]

Hi Zoe

Must admit that the pre-approval interview that we had early Feb, was a rollercoaster rider for us ... now that part is over, I personnel feel that a weight has been lifted ... at least now we can take our time in-regrouping ... I deafinatley don't envy you guys now .... all I can say is good luck, and hope things work out for you guys.

Irene

[Bobby]

Hi Guys,

Awful situations. I'm glad I found this site and hope that sharing each others stories will help everyone in the future who goes through the same "hoops" !

These pre-approval interviews, are they for E-2 or L visas?? ...as I am due to renew my L-1 in September, I don't know if I have to leave the USA and go back to London or not. I get conflicting stories from all over the place.
I don't have a lawyer representing me because I haven't found one that I trust:mad:
It doesn't seem like 5 minutes ago I was sweating through the first interview in London. I would find it a bizarre way to do things if I had to apply all over again. Does anyone know what the "current" way to extend the L-1 visa is?

Thank you,

Bobby

[JulieC]

The pre approval interviews are E2. The process for renewing an L1 is apply for extension of stay to Texas, either premium processed or via the ordinary route which is taking about six weeks currently, in both cases they are seeming to come back asking for further information in most cases. If you get approved, you get a new i-94 attached to the approval. But if you wish to leave the US at all, you need to go back to London for interview and visa stamp. An option is to file for green card and apply for advance parole, you can then travel without ever having had the L1 visa stamped. Please be aware it is very difficult at the moment to get through L1 extension, I know of a couple of people turned down recently,

[Karyn]

Before we went for ours E2 Pool Company they asked for loads more information and like you wanted to see invoices and bank accounts. Once they had all that prior to our returning to the UK it was smooth sailing. They just seem to be getting harder and harder.

[lorraine]

Hi we are here on L1 visa also and we sent all our paperwork off and it arrived 31st May. They are processing April 16th at the moment. We have our fingers crossed. Our friends have been turned down for there L1 renewal and at the moment are in appeal turned down again by Texas and now at Washington. We are praying we here soon that we have got our extension. My concern is once you get the extension, if you go back to London to get your visa stamped, so that you can travel, I have heard that some people get turned down in London. I am so worried about going to get the visa done, but I also want to be able to travel to see elderly relatives in the UK, any one know if this is true, that you can be turned down even when you have been approved on renewal?? Thankyou Lorraine

[Susie]

Hi Lorrraine and welcome


Just curious why you filed to renew L1 as you could have filed I 140 and
I 485 concurrently = Green card if approved ?? and stayed in the USA till approved or denied. If L visa expired and you want/need to travel abroad you must file for advanced parole.

This happened to me as my L 2 expired but no outcome on green card. The advance parole took 8 months to get and if I left the USA without it my green card application would be cancelled

The answer to your question

Q If approved in Texas can I be turned down in London

A Yes, the final result/outcome rests with London

My own son got approval in Texas and turned down in London

I am getting very concerned at all the applications E , L and other Visas

and feel that a letter from all of us as to what is going on in London

[JulieC]

There is an increasing tendency to turn down small businesses for L1 renewal, hearing it more and more on the ground. People who would have got through a couple of years ago are being turned down. Unless you have a proper manager beneath you and a qualified one at that, a number of subordinate staff members and you are doing no work at all yourself, you will struggle. Yes you can be turned down at the interview, my own attorney told me she has people stuck in London. Even if you apply for green card and then parole there is no certainty you will get back in if you leave, it is down to the port of entry officer.

If you file for green card upon L1 renewal, you have to either get approved for the L1 or get through the whole AOS process while the L1 application is either pending ( not usually possible) or if denied while it is still in appeal. Filing both together is risky, I know of people denied their L1 but aooroved for 1-140 worried sick because their I-485 hasnt come back yet and they are about to hear on their L1 appeal. If that is denied, they will not be able to adjust status and would have to consular process which would mean going back to the UK and leaving their business. That is why many people wait for a firm visa in the bag before filing for green card,

[floridapete]

Zoe, I think that you should make contact with Emigrate America journalist Ben Lewis to enlighten him about the current situation with regards to renewals waiting times etc. in London.

In the current issue, on the pages immediately following their 'answer-back' feature, in another double page spread entitled "The Fastest Visas in the West", they list the whole 'shopping basket' (my words) of visas available and their likely waiting times.

B. Visas - 37 days; F . Visas- 22 days; L Visas - 37 days; J Visas - 22 days; E 2 Visas ??????.

He then states "Although the E2 visa is, in fact, a temporary non-immigrant visa, as long as you continue to run a successful business and fulfill the requirement for renewing it, then you can stay in the US indefinitely !".

Well, that may be the way is USED to be ! But since they brought in the ruling requiring E2 visa holders to have to return to their country of origin to renew, this has made the queues so long, with no increase in staffing it would seem, and combined into the new E2 applicants queue anyway, that your waiting time of 9 months (?) for a renewal interview seems ridiculous. There also seems to be a growing uncertaintly as to whether E and L visas will automatically be renewed - or not.

Ben may not be aware of this and may want to know about it.

You can e-mail him at: Ben.Lewis@outboundmedia.co.uk

[charliesmum]

Pete

I will e-mail him later on.

Don't know if you saw on another post, but we actually got asked for more info last week - stuff we hadn't even been asked for before.

Next week will be 10 months since the original paperwork went in!!!

Zoe

[floridapete]

I spoke to Ben this afternoon. He is waiting for your contact.

He had no idea that visa holders were being required to return to their country of origin to renew all visas apart from diplomatic and some government employee visas.

[Ray10]

As of July 2004 all visa in the E, H, I, L, O, or P could no longer be renewed internally ..

It was not just an E-2 thing ...

[charliesmum]

Pete

I've just sent a mammoth letter to Ben Lewis.

Not sure if he'll print it, but it tells him what the renewal situation is like.

Zoe

[lorraine]

Hi Susie Thankyou for the information. We only opened the business here in Orlando in November and was told by our attorney that we could not file for green card untill trading at least a year and quite a few staff. I have 2 members of staff at the moment and 1 self employed person. He said that the L1 is being scrutinised and alot are being turned down especially L to green card.......... The stress is unbelivable. Our L1 renewal is at vermont now as Texas were not taking any new renewal cases it has been with them since May 31 st fingers crossed we hear soon. I really want to travel to UK to see my grandfather who is 84 and unwell my son who is 13 is also missing him terribly. What is that advance parole? How long does it take and what does it mean you can do. I think I wont take the risk of going to embassy to renew the visa. Thankyou kindest regards Lorraine

[Bobby]

advancement of parole isn't going to help you Lorraine. Unfortunately it takes about 3-6 months to process. We filed last year 3 months before we needed it, to go to a sister's wedding. We missed it because the approval arrived 2 months after the wedding. Useless. They still keep your $185 filing fee. Try telling them you want it back because you couldn't travel!!

You can imagine what it's like for people who have to travel unexpectedly for family emergencies etc. funerals and dying relatives. It's just a huge heartache all round.

[Susie]

Hi Susie Thankyou for the information. We only opened the business here in Orlando in November and was told by our attorney that we could not file for green card untill trading at least a year and quite a few staff. I have 2 members of staff at the moment and 1 self employed person. He said that the L1 is being scrutinised and alot are being turned down especially L to green card.......... The stress is unbelivable. Our L1 renewal is at vermont now as Texas were not taking any new renewal cases it has been with them since May 31 st fingers crossed we hear soon. I really want to travel to UK to see my grandfather who is 84 and unwell my son who is 13 is also missing him terribly. What is that advance parole? How long does it take and what does it mean you can do. I think I wont take the risk of going to embassy to renew the visa. Thankyou kindest regards Lorraine


Hi

Just before my L 2 expired (husband was on L 1 visa) I appiled for adjusment of status and filed an I 485 This was in Aug 2003

I was then in no man's land and could not leave the USA. If I had of done I would have revoked my green card application

At the same time as filing for change of status I applied for advanced parole. This is a travel document to allow you to re enter the USA. This took eight months to be approved and only lasts for one year

If anything happened to my son in the UK , I would have gone back but waved goodbye to my green card

As my green card was not approved till June 2005 I had to re- apply for a second advanced parole.

Also I had to keep applying for work authorization as that only lasts a years also.

What a money earner for USCIS and a waste of immigration officers time.

I do not understand why they cannot just stamp your passort with a conditional 551, (green card approval) that lasts as long as it takes to get your green card application approved or denied.

After all it would be simple to just stamp you passport denied, or logg into their computer system.

[Susie]

Hi

It is ridiculous that the service centre in the USA and can approve an E visa or L visa yet make the applicant return to home country for stamping and/or final approval

Texas does not seem to like the US embassy in London and vise versa

My son was approved for a 3 year L 1 in Aug 2003. He had to have an interview at the American embassy in London in Sept 2003. All documents were reviewed by Texas and approved

So in other words, The American embassy in London does not believe or trust the TSC judgement and can overall their decision

Either the case is apporved or not approved. Perhaps the directors of each centre should have a chat to decide who is correct in their opinions

When they know what each is doing then maybe they will make the outcome public, who knows?

[Ray10]

Texas USCIS cannot approve or issue any Visa.. That is the sole responsibility of the Dept of State ...

[Bobby]

why file a petition for approval there (Texas - now to Vermont) in the first place??

[lorraine]

Hi my lawyer was told the petition had to go to vermont it did not go via texas at all. I persume they all going there now??

[pegasus]

Hi all
there is confusion over who approves what.
The USCIS has final say as to who gets in to this country.
Common point of error is the confusion of Status and Visa. So I will try to simplify. Very simply so dont nit pick....
Visa - Can only be issued by the State Department - Think of a visa as "permission to travel to the Border" once in the USA it is of no value, what is, is your "status".
Status (I94) is what you can do while you are here and the length of time you are permitted to reside here. It is the only thing that counts when you are in country. It is automatically ended when you leave the country, and upon return a new status document is issued. This is the sole province of the USCIS (CBP is part of it).
Therefore, as you can see, status can be changed to E, in country, without a visa, and as long as you dont leave the USA AND maintain your status you can stay. The second you leave you need a visa to approach the border. Status for temp residents is mandated by law to be a max of 24 months at any one time, there is no limit to number of reissues (for E and B) or time "out of country" specified, thus alot depends on the mood of the CBP officer. Which is why some people have a status which goes beyod the expiration of the visa and some CBP officers give you only the time left on your visa. Its their decision.
As for State and USCIS not agreeing ,not unusual for any 2 government departments anywhere in the world.
hope this helps a little

B rgds

Neil

[chris]

Bobby
If had a dollar for everytime I seemed to mention this to folks I would be a rich man. If you are to get anywhere or have any understanding of the US Immigration system, please understand the difference between the State Dept and the CIS and what they do.
The State Dept considers, approves and issues Visas to the likes of you and me in the various catgories at their Embassies and Consulates abroad. The State Dept Visa in your passport DOES NOT allow you entry in the US. It merely allows you to travel to the US PORT OF ENTRY and ask the Immigration Official (CIS) if you can be allowed in. That's all it does.
The CIS considers and approves your entry in to the US and considers and approves your continued stay in the US (Maintain Status).
So when you arrive at the airport with your new E2 visa in your passport, the CIS guy looks at it and knows what the reason for your stay is and also he can see how long the visa has been issued for. Based on that information he will usually allow you entry in to the US for a maximum of 2 years or to the expiry date on your State Dept Visa by issuing you with an I-94 card. Beleive me CIS are the more important guys.
The various CIS offices in the US, (Texas and now Vermont) handle renewals of the I-94 (I-129 and i-539 forms) and this process is called 'extension of status'. What you are doing is asking the CIS to extend your stay in the US and allow you to continue doing what you came here to do. Successful completion of that task keeps you legal in the US. You can actually allow your Visa to expire and stay remain legal in the US by keeping your I-94 up to date. The downside is that because your Visa has expired, once you leave the US you won't get back in without a fresh visa and another round of frustration at the London Embassy.
The CIS also handle cases to permanent immigration and conversion to permanent status, such as Green Cards and L1's. Those are unreachable golas for mere E2'rs, but we can dream.
So there you are. I hope this helps understand this convoluted, overly complicated and ultimately broken system called US Immigration.