I-94 expired

[JulieC]

Am posting this on behalf of someone who isnt a member of this forum in case anyone on here has direct experience or can give some advice. It isnt me, I havent even been back here for two years!

Basically this person is four years and a bit into a five year E2. Business was doing well but is now recession hit to an extent, has employees but not able to take much owner draw. Due to problems with the business which I wont go into, they inadvertantly let their I-94s expire and didnt realise it till three weeks had passed since the expiry date ( whole family, couple plus two kids). They rang USCIS and asked how to extend their I-94s and were told that as they had expired they now had to do a full I-129 extension of stay. This they think involves justifying the E2 and there is a question of marginality and is something they would not have had to do ostensibly for another two and a half years. So really shot themselves in the foot. They are considering trying to leave and come back in but this is a big risk with an expired I-94 and may be reckless and make matters even worse?
Peter, Susie, anyone??

[InnVic]

AS long as they haven't overstayed by 180 days they should be okay to leave the country and come back (getting new two year I-94s) They should still hand in the old ones.

I found this on another forum, answered by an attorney to a similar question.

Attorney M*** : A person cannot obtain an I-94 from within the U.S. if the earlier one has expired. Hopefully, the earlier I-94 expired less than 180 days ago, in which case she needs to depart the U.S. immediately if the 180-day mark is approaching to avoid the likelihood of a 3-year bar.

[peter gold]

The answer is probably as InnVic says . Sounds common sense
However I am not certain so please get something definitive!

[JulieC]

Would they need to go back to the UK?? They rang USCIS and were told they had to return to country of residence. But they were not sure that the person at the other end had understood correctly.

[DebbieM]

Personally I wouldn't believe anything USCIS help line tell you as I was on the phone for an hour on Tuesday trying to establish what forms needed to be filled out for a GC holder when they move address.

They were insistant that it is just the AR-11 although their web-site and my attorney tells me that the I 485 needs adjusting also if the case is pending. I was told they had answered the question to the best of their ability!!!! Didn't seem to matter if it was right or wrong.

The operator wasn't called Greg was he?

Deb

[Carl]

Would they need to go back to the UK?? They rang USCIS and were told they had to return to country of residence. But they were not sure that the person at the other end had understood correctly.

Anywhere out of the United states should do it.

Carl.

[peter gold]

The I-94 gives you status to reside in the US and is issued at the Port Of Entry so just leave the US and re enter.

[InnVic]

Anywhere out of the United states should do it.

Carl.

I'm prety certain you can't do Mexico (except by air I believe) or Canada - they don't renew I-94s on short trips. Also some cruises don't qualify as having left the USA. Take a nice vacation or pop back to UK to vist family - scour the cheapflight websites and see who's doing last minute deals to somewhere you fancy- a vacation and a two year renewal at a bargain price :-)

[byjove]

Bahamas cruise might, but it is a might and depends solely on the POE officer as to how he interprets the rules (as usual)

We did the cruise back in may, the initial guy would not renew, it was only 'coz I was near breakdown that another officer asked what was the problem then over ruled the first. So it is a bit of a chance to take. But we also did it a couple of years ago and they renewed no problem.

[byjove]

and a mexico cruise is a no-no for sure. Did that one too!

[grumps]

we tried canada and mexico nether worked so we are off to the UK next month, cold wet and shall be glad to get back

[anniefromessex]

Do you mean glad to get back to England Grumps, ha ha!!! How can you feel that way about our fair land?!!

Actually even though it WILL probably be cold wet and damp when you come back, we have had some great weather. Last weekend we took our grandkids to Old MacDonalds Farm and they ended up running round bare chested because it was sooo hot!! Never can tell. I myself have been taking walks along the beach this week and it has been glorious.

Anyway, good luck when you come back. Hope you have a good dry stay ha ha!!!

Love Anniexxx

[JulieC]

Well they have spoken to various professionals and had widely differing opinions, from extend I-129 here, to go back to the UK and renew visa as your overstay has invalidated it, to try a bip in and out and you may be ok ( again disparity as to whether he has to go back to the UK or a local bip suffices). Goes to show, ask three or four professionals a question and you get widely divergent answers! Will keep you informed of what happens.

[Kriz1]

I found FL a bit depressing weather wise the last few trips...glad to get home to no rain and clear blue skies...flying in I saw Whales in the bay...and sea-lions on the shore...the houses looked like a model village...all in all...New England in Fall colour is one of the best places on Earth...






You can tell its not cold here yet can't you...:rofl::rofl::rofl::rofl:

[Kriz1]

Kris Annie back on topic or you will both get a warning...:)

[InnVic]

Same subject different couple....
Some friends of ours tried to extend I-94 by visiting Canada. They flew into halifax and handed in I-94s but upon departure/arrival they were only given 1-94s to the date of their visa (which was 10 days LESS than they had entered canada with) The I-94 and visa expires in mid march - they plan to return to the UK for visa renewal in April/May. They are worried that an expired I-94 will hinder their renewal. they do not have time to leave the US and re-enter again before expiration as they own a ski lodge and are into the busy season. They looked at extending by post in the US but its exzpensive and with the time delays they may not be any better off. Any suggestions please?

[byjove]

Hi Innvic Some attorneys know of officies where they can get I94 extended but I think it can only be done through them and by extended I dont mean the usual extension but if you can proove you left the country and re-entered they issue new I94 I think Tampa has such an office, but this can only be done within a few weeks of the "error"

[Susie]

Hi Julie

Sorry don't know what to say for the best, please post your question in ask attorney section

[JulieC]

Just a quick update on the couple that this thread was originally about. You remember they had a valid E2 but let their 1-94s expire by three weeks. Well they had advice off various people including USCIS who told them they had to go back to the UK and reapply as they had invalidated their E2! In the end they decided to go to the Bahamas for five days and risk it having first put their affairs in order with cover for the business etc in case they didnt get back in. Well they had a three hour grilling by immigration but were eventually given two year 1-94s and got back in. Even they felt they had been lucky and it could have gone either way.

[byjove]

WOW! Excellent news!

[britcan]

good one

[Susie]

Personally I wouldn't believe anything USCIS help line tell you as I was on the phone for an hour on Tuesday trying to establish what forms needed to be filled out for a GC holder when they move address.

They were insistant that it is just the AR-11 although their web-site and my attorney tells me that the I 485 needs adjusting also if the case is pending. I was told they had answered the question to the best of their ability!!!! Didn't seem to matter if it was right or wrong.

The operator wasn't called Greg was he?

Deb

Your right,

Do not believe a word that is verbally given to you, one thing I have learn't whilst in the USA is get it in writing

A verbal contract is binding, but not enforceable if not in writing, or so I am told

[jim]

Hey our visa's runs out in Novemer 09. We have I-94's until March 10 was thinking to go out the country around May 09 to buy us extra time. My question is....is there a time limit on how near to the visa expiry date that you can go out and come back in.?

[Ed Tha Brit]

Hello Jim,

If your I-94 expires on March 10 2009 this year, I suggest you go out of the country next month, the poe will give you 2 years, without your I-94 valid you will be Illlegal, it does not matter if your visa runs out as long as you keep your I-94 valid.

I think that info is correct, unless someone else suggests otherwise?

Have a nice day
Ed Tha Brit:fit:

[Carl]

Hello Jim,

If your I-94 expires on March 10 2009 this year, I suggest you go out of the country next month, the poe will give you 2 years, without your I-94 valid you will be Illlegal, it does not matter if your visa runs out as long as you keep your I-94 valid.

I think that info is correct, unless someone else suggests otherwise?

Have a nice day
Ed Tha Brit:fit:

that is correct.

carl

[jim]

that is correct.

carl

So if you go out of he country with a valid I94 with one month left on you visa the will still stamp the I94 for 2 years even though you have one month left you the visa?
I want to leave it as late as possible for our I94s

[peter gold]

AR11 and I 485 need to be updated with a change of address

[DEE F]

AR11 and I 485 need to be updated with a change of addressIs that right Peter,Jim is only on an E2 ??

Dee xx

[Ed Tha Brit]

So if you go out of he country with a valid I94 with one month left on you visa the will still stamp the I94 for 2 years even though you have one month left you the visa?
I want to leave it as late as possible for our I94s

Hello Jim,

You said your Visa runs out in November 09, when does your I-94 run out March 09 or March 10?

You can let your Visa expire but do not let your I-94 expire or you are in the muck and mire? Be aware if you let your Visa expire but keep your I-94 in date you will be landlocked, we personally have done that but will not do it again especially if family are ill there is no way back to Blighty for a visit unless you renew your Visa, which is what we are going to do this time around.

Have a nice Day
Ed Tha Brit

[jim]

Hello Jim,

You said your Visa runs out in November 09, when does your I-94 run out March 09 or March 10?

You can let your Visa expire but do not let your I-94 expire or you are in the muck and mire? Be aware if you let your Visa expire but keep your I-94 in date you will be landlocked, we personally have done that but will not do it again especially if family are ill there is no way back to Blighty for a visit unless you renew your Visa, which is what we are going to do this time around.

Have a nice Day
Ed Tha Brit

Hi Ed,

Our visa runs out Nov 09. Our I94 runs our March 2010. Not bothered about being land locked as family not an issue. Just asking can we leave it until the last month before our visa expires to leave and come back to renew our I94's?

Or is that too risky with only one month left on the visa? should we leave earlier?

[JulieC]

They should give you two years. However they do have a discretion, have heard of people who only had weeks left on their visa only get stamped till the end. If this happens make a stink and ask to see a supervisor, or if no joy take an infopass to an immigration office such as the one here in Orlando and ask to get it amended.

[jim]

They should give you two years. However they do have a discretion, have heard of people who only had weeks left on their visa only get stamped till the end. If this happens make a stink and ask to see a supervisor, or if no joy take an infopass to an immigration office such as the one here in Orlando and ask to get it amended.

thanks Julie

[Ed Tha Brit]

Hi Ed,

Our visa runs out Nov 09. Our I94 runs our March 2010. Not bothered about being land locked as family not an issue. Just asking can we leave it until the last month before our visa expires to leave and come back to renew our I94's?

Or is that too risky with only one month left on the visa? should we leave earlier?

Hello Jim,

Yes you can but, remeber they will only issue from Oct 09 for 2 years on your I-94.:fit:

We went out with 6 months left on our Visa, renewed the I-94 then had family who were ill after our Visa ran out so, we could not go back to blighty.:fit:

Hope this answers your question?

Have a nice day
Ed Tha Brit

[Carl]

So if you go out of he country with a valid I94 with one month left on you visa the will still stamp the I94 for 2 years even though you have one month left you the visa?
I want to leave it as late as possible for our I94s

Yes that is what should happen, as Julie says, it is at the descretion of the POE officer, but from what I see, most of the time you will get teh 2 year I-94. You will be landlocked when you visa expires but you will be here Legaly. If you leave the country after your Visa Expires, you have to surrender your I-94 and give up your status, you would then need to apply to the U.S. Embassy for a new Visa to re enter under E2 status again.

Carl.

[jim]

Yes that is what should happen, as Julie says, it is at the descretion of the POE officer, but from what I see, most of the time you will get teh 2 year I-94. You will be landlocked when you visa expires but you will be here Legaly. If you leave the country after your Visa Expires, you have to surrender your I-94 and give up your status, you would then need to apply to the U.S. Embassy for a new Visa to re enter under E2 status again.

Carl.

Am I right in thinking that once our visa has ran out. And we are here on our
I-94's we are here on e2 status. Can we then apply for our e2 visa renewal
Before our I94's run out...Have I made myself clear?

[Ed Tha Brit]

Am I right in thinking that once our visa has ran out. And we are here on our
I-94's we are here on e2 status. Can we then apply for our e2 visa renewal
Before our I94's run out...Have I made myself clear?

Hello Jim,

As I explained our Visa has expired but our I-94 is in date, we are doing our
E-2 Visa renewal this year because our I-94 expires in June and we have decided not be landlocked?

Since we last did our renewal we now have 2usc working for us and my wife has a ead and works part time, plus the business is doing OK considering the climate!

Hope this is of use to you.:fit:

Have a nice day
Ed Tha Brit

[jim]

Hello Jim,

As I explained our Visa has expired but our I-94 is in date, we are doing our
E-2 Visa renewal this year because our I-94 expires in June and we have decided not be landlocked?

Since we last did our renewal we now have 2usc working for us and my wife has a ead and works part time, plus the business is doing OK considering the climate!

Hope this is of use to you.:fit:

Have a nice day
Ed Tha Brit

Good luck Ed....are you going back to England for the renewal? Some are going to different countries such as Barbados or Mexico.

[Ed Tha Brit]

Good luck Ed....are you going back to England for the renewal? Some are going to different countries such as Barbados or Mexico.

Hello Jim,

London here we come?:fit:

Our Immigration Atternoy is waiting for our year end books to be returned and some other paperwork I have to get for him and then it's down to him.

Trouble is price of flights to UK in June:fit: it's a rip off!

If you want to just renew your I-94 just take a trip to the Bahamas, Mexico & Barbados I don't know?

Have a nice Day
Ed Tha Brit

[JulieC]

Bee careful with Bahamas cruise. Some people just returned from one and posted on another forum that they did not get a new 1-94 and have been unable to get it amended and now have to go back to the UK as well, so doubling the costs.

[byjove]

same with mexico renewal cruise!

[Ed Tha Brit]

Bee careful with Bahamas cruise. Some people just returned from one and posted on another forum that they did not get a new 1-94 and have been unable to get it amended and now have to go back to the UK as well, so doubling the costs.

I was advised not go on a cruise by my Att, but to take the flight for that reason.

Have a nice Day
Ed Tha Brit

[linzizee]

we have cruised every year from port canaveral and had new I-94 without a hitch but in Oct 08 we went on a a 7 day cruise to the carribean to renew the I-94 so all the family had the same expiration date. THe Immigration officer ripped up the forms stating we didnt need them. I argued with him that i had left the USA and it states on the back of the form that you require a new I-94 if you leave the US by sea or air. He didnt budge and so all 4 of us have didnt expiry dates on our I-94's

so dont risk it..

[Susie]

Just a quick update on the couple that this thread was originally about. You remember they had a valid E2 but let their 1-94s expire by three weeks. Well they had advice off various people including USCIS who told them they had to go back to the UK and reapply as they had invalidated their E2! In the end they decided to go to the Bahamas for five days and risk it having first put their affairs in order with cover for the business etc in case they didnt get back in. Well they had a three hour grilling by immigration but were eventually given two year 1-94s and got back in. Even they felt they had been lucky and it could have gone either way.

That is such good news,

Your right it could have gone either way, and can you imagine the heartbreak if the decision had gone the wrong way.

I still have not managed to see the new TV show about homeland security, anyone know what channel it is on and when?