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  • Expired E2 visa

    This may sound ridiculous, and probably is, but my laywer is telling me that even though my E2 visa expired Feb 2002, re-entry to the US is automatic (as automatic as can be these days) and the INS officer wil re-issue a new I94 for a period of ????
    I sure hope this is correct, but the info I have been getting on the web seems to conflict with this.
    Also, what is the situation when you have two visas in the one passport, I have the expired E2 and a soon to expire B1 ??
    Any and all info would be very greatly appreciated.

  • #2
    This may sound ridiculous, and probably is, but my laywer is telling me that even though my E2 visa expired Feb 2002, re-entry to the US is automatic (as automatic as can be these days) and the INS officer wil re-issue a new I94 for a period of ????
    I sure hope this is correct, but the info I have been getting on the web seems to conflict with this.
    Also, what is the situation when you have two visas in the one passport, I have the expired E2 and a soon to expire B1 ??
    Any and all info would be very greatly appreciated.

    Comment


    • #3
      Change your lawyer. That is the most ridiculous thing I have ever heard. There is NO WAY that you will be allowed entry based on the E-2 visa, although you may be allowed entry on the basis of the B-1 visa, depending on how much time you will have left when you try to re-enter.

      Comment


      • #4
        Thanks for the reply, thats what I was afraid of.
        The question of using my B1 visa for re-entry is just how much information does the INS have at it POE stations? I have been in the US for a period of 5 years, firstly with the B1 and then for the last 2 years with the E2. I have a hard time believing that once they see the E2 they would grant entry on the B1, even if I am good a story telling !!!

        Comment


        • #5
          First, why don't you provide full details: what country will you be coming from when you try to re-enter, how long will you have been away by the time you try to re-enter, is your E-2 visa a dependent visa or are you the principal visa holder, do you have an unexpired I-94, is the E-2 business still in operation, etc. etc. etc. It would then be easier to answer or "speculate" on what might happen when you try to re-enter.

          Comment


          • #6
            Thanks for your interest.
            I will be coming from Australia. I will have been out of the US for 14 days. I am the principal of a company still in operatioin in the US.
            I am also married to a US citizen, but have only just begun the process of gaining a green card.(I was unsure wether I wanted to go that route originally) I have been married 8 months.
            The business that was originally started to gain the E2 has changed somewhat, so renewal of the visa would be a "start all over" deal. What really ticks me off is my laywer is a junior partner in a large firm that deals a lot with immigration matters, and he is now the third lawyer to tell me that an expired visa is OK for travel.
            I first raised this question some 18 months ago. Now it seems that my options have been considerably limited. Worse yet is that I am directly responsible for employees, equipment, property etc etc in the US.
            So much for good hired help, and he's not cheap, but come tomorrow he may be fired !!

            Comment


            • #7
              I am sorry to mention that once you had adjusted your status to E Visa your B Visa automatically stands cancelled. You will need fresh B Visa to enter in to the States.
              You must check with US Embassy in your country before travelling back to the States.
              Good luck

              Comment


              • #8
                I knew my options were limited, but not that limited, and we're supposed to be allies.

                I think all that is left to do is apply for an extension of my I-94 and wait for my marriage petition to be processed.

                Thanks for the info.

                Comment


                • #9
                  drilldmc ,If you are a E2 or L1 holder (in this case you are) go to www.britishexpats.com/forum then click US Immigration or US Visas. That forum is more focused on these types of visas. Also you can avoid posts like the one above!

                  Comment

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