Renewing Visas By Trip To Canada or Mexico

[Leigh & Tony]

Can anyone explain if this is possible for us? I have threads about it on another forum and am confused. I have no visa in my passport (Other than B2 of course, which has been superceded by change of status to E2). My change of status expires in Sept 07. If I go out to Canada or Mexico, can I re-enter and extend my change of status at the Port of Entry? I am still going to reapply to London, as I haven't yet attended and been refused, but wonder if I can do this should time fly by. Now I am reading posts that Texas are asking more questions, more info required etc.

[chris]

Leigh & Tony
You do have a visa in your passport, it is a B2. That visa allowed you entry into the US for a specific purpose and time scale. Maybe Susie can answer this, but I don't believe the B2 allows for multiple entry & exit. That is the State Dept side of things.
After you entered into the US you came under the domain of the USCIS and you changed your status on your I-94 with them to E2. That change of status allowed you to do your bit on your business.
HOWEVER, that E2 status only remains like that whilst you remain in the US. If you leave the US, you hand in your I-94 and you hand in your E2 status. If you tried to re-enter the US, and I am making the assumption the B2 allows multiple entry/exit here, you would enter again on a B2 status and would then have to apply to change status again to E2 with USCIS. Given that you have already done that, I really don't see them being Santa again and allowing you to change again, especially given the malrkey that seems to be going on at present (we are renewing our I-94 with USCIS and are being asked questions for the first time after 3 no questions asked renewals).
I made the assumption the B2 allows multiple entry/exit. If it does not you would be totally back to square one and would then be applying to the London embassy for a B visa again. Would they give you it again? I doubt it. If you are applying for an E2 visa via London and are in the queue, personally I'd sit tight in the US.
PS the USCIS Service Center for Florida is now Vermont not Texas. That may be why they are being nit picky - fresh eyes and all that!

[Leigh & Tony]

Hmmmm Looks like I'm going nowhere then. I am told the B2 visa is cancelled now, as we changed our status, or I would have risked going home for my dads funeral, then tried to get back in on B2, change it to E2 again etc.
Do you know if London keep all your papers, either until you attend an interview or withdraw your application? Don't really know if we are going to reapply, or just submit further info. Haven't spoken to our attorney for a while, as he just keeps advising us to 'sit tight' what else can we do I ask?

[chris]

I think if your visa application is in at London Embassy, then your counsel is right to recommend you sit tight. You are OK until Sept next year anyway. As far as renewing the I-94 (your extension of status) with USCIS, you can't do it more than 60 days before expiry anyway, so forget about it till like June 07'. I know how difficult it must be for you. The bureacracy is crock!

[Emmalee25]

Once you withdraw your application from London, you fall off the system! my application was withdrawn yesterday and my VA received a letter stating that we were no longer on the system and if we wanted a visa in the future have to start at square one again!
which is fab, as that is what i wanted anyway!
em x

[anniefromessex]

I held a B1/B2 for nearly 10 years, but once we were agreed L Visas they superceded the B. My Mum was then seriously ill and we were in the renewal stage of the L Visas, I decided to go back to England anyway and then had to revert to VWP. I then went to the Embassy and tried to re-apply for the B Visa, with a letter from our VA supporting this, but was turned down, "not enough ties to the UK", so for the next 18 months or so had to return to England every 3 months, whilst awaiting Green Card. Not a good way to do things, very costly and nerve racking!

Anniex

[DEE F]

Em could you explain that in a bit more detail please, as my friends have been deneid a e2, does it mean that now they will be taken off system, which means they can put in for another visa L or E as I understand you cant appeal on a E2 refusal, getting pretty confused myself now, I need a job in the Embassy lol.

[Emmalee25]

Dee,
If they have actually been denied then that is another story, there will always be a file for their denial, i withdrew my application BEFORE they could deny or grant the visa, that way they just send the file back to my VA....I never existed! but once the visa has been thru interview/221g or whatever it is forever there, which is why you then cannot lie when you re-enter the USA and HAVE to tick the boxc on the back of the VWP to say you have been denied a visa, this then states you must contact the embassy before you make travel plans to the US...hence major probs as they are crap!

Em x

[DEE F]

Thanks for that Em, i wasnt quite sure but now you have clarified it I understand, why did you withdraw yours???? Or are you going for a different one,you might have already said this somewhere on forum, but as I am new I am still finding my way around, just another quick question, what would happen if they didnt tick the box on vwp and just came over??????

Dee x

[Emmalee25]

Hiya Dee!
I have Pm'd you (private message) but just to clarify, I am applying for s different visa and if they dont check the box and the do get caught out (2 ifs there really) then they could get in big trouble for withholding info etc.... i really wouldnt risk it with these lot!!!

Em x

[Susie]

Can anyone explain if this is possible for us? I have threads about it on another forum and am confused. I have no visa in my passport (Other than B2 of course, which has been superceded by change of status to E2). My change of status expires in Sept 07. If I go out to Canada or Mexico, can I re-enter and extend my change of status at the Port of Entry? I am still going to reapply to London, as I haven't yet attended and been refused, but wonder if I can do this should time fly by. Now I am reading posts that Texas are asking more questions, more info required etc.


Hi

Sorry to say that your B visa was cancelled by your change of status from one ( B Visa ) non immigrant visa to another ( E visa ) non immigrant visa

From memory you applied for change of staus in the USA and approved but do not (and have not) been to the American embassy in London for interview and passport stamping of E visa

So if I am correct as my comment above , you are landlocked in the USA and if you leave the US you will only be allowed back in on the Visa waiver program, unless you go to the American embassy in London for the final part of your E visa application

[DEE F]

Hi Em , thanks for that one as well,I have also pm you back hope you got it, i wonder if there is abook out called "How to work a forum for dummies", if there is I am getting a copy lol.

Dee x

[anniefromessex]

Hi Dee,

In all the time I came in on the VWP, funnily enough I never ticked the box about the Visa denials or whatever. I just found myself getting all worked up inside about it and thinking they were the ones who put me in the situation I was in, so what the hell.

Probably the total wrong way of thinking, but nobody ever picked up the fact, even though they saw evidence in my passport! Hey ho, must have been lucky on the day!

[DEE F]

Hi Anniefromessex, so do you think they would be ok then, it sounds risky to me, but then hey, it seems as far as the immigration people are concerned one hand doesnt know what the other hand is doing anyway, I wouldnt risk it personally, mind you i am that unlucky, that if it was raining soup, i would have a fork in my hand!!!!!!!!

Dee xx