peter gold
03-22-2008, 07:26 PM
Just attended excellent lecture by immigration attorney who had a great way of explaining difference between E visa and E status which may help some of our members.
The E visa unlike most others was created based upon an Investor Treaty between choosen countries and the US and is governed by the DEPARTMENT OF STATE AND NOT USCIS OR HOMELAND SECURITY. They issue an E visa which is A TRAVEL WARRANT to permit your travel from country of issue to the US.Upon arrival the POE has absolute discretion whether to admit you or not and for how long, and in what STATUS. They could refuse you admission and little you can do about it. In reality they issue you with E STATUS for two years even if your visa says 5 years (like the old indefinite B visas for multiple entry) you got what you were given at the POE even though the visa was indefinite.
Once admitted USCIS control your STATUS and period of stay and as long as you leave and re-enter before the end of your allowed status time you are fine but LANDLOCKED IN THE US unless you go back to the Consul who issued the visa and get an extension of the visa when it runs out. An extension OF STATUS can be applied for and granted by the USCIS here and you are free to stay for the period allocated but cannot travel out of the US.
So yes you can come over on a B visa for 6 months apply here to adjust status ( cost you an extra $1185 in Govt fees) to an E status but you are landlocked until and if you are granted a visa by the Consul of the country where you reside.
If you have no kids nor family ties and no need to leave the US ever then you need never face London and the Department of State and contunually renew here where the rules are less stringent and applied more liberally.
It is not just that there are different rules it is you are dealing with different Govt offices.
The E visa unlike most others was created based upon an Investor Treaty between choosen countries and the US and is governed by the DEPARTMENT OF STATE AND NOT USCIS OR HOMELAND SECURITY. They issue an E visa which is A TRAVEL WARRANT to permit your travel from country of issue to the US.Upon arrival the POE has absolute discretion whether to admit you or not and for how long, and in what STATUS. They could refuse you admission and little you can do about it. In reality they issue you with E STATUS for two years even if your visa says 5 years (like the old indefinite B visas for multiple entry) you got what you were given at the POE even though the visa was indefinite.
Once admitted USCIS control your STATUS and period of stay and as long as you leave and re-enter before the end of your allowed status time you are fine but LANDLOCKED IN THE US unless you go back to the Consul who issued the visa and get an extension of the visa when it runs out. An extension OF STATUS can be applied for and granted by the USCIS here and you are free to stay for the period allocated but cannot travel out of the US.
So yes you can come over on a B visa for 6 months apply here to adjust status ( cost you an extra $1185 in Govt fees) to an E status but you are landlocked until and if you are granted a visa by the Consul of the country where you reside.
If you have no kids nor family ties and no need to leave the US ever then you need never face London and the Department of State and contunually renew here where the rules are less stringent and applied more liberally.
It is not just that there are different rules it is you are dealing with different Govt offices.