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Maintaining Status, Work and Travel Issues
[Q] Is E-2 visa holder given 2 years upon POE entry or just up until their E-2 visa expiration date?
According to AILA NATIONAL LIAISON COMMITTEE MEETING LIAISON AGENDA, December 9, 2010
Reply: Rafael Henry will look into this issue. CBP requested that the Committee provide examples.Read more
[Q] Can you re-enter the US from Canada or Mexico on automatic revalidation even with expired E visa?
Yes, but you need a valid I-94 Form, and there are exceptions and limitations.
What is Automatic Revalidation?
The Department of Homeland Security (DHS) U.S. Customs and Border Protection (CBP) has the authority and the responsibility over the admission of travelers to the U.S. Under the automatic revalidation provision of immigration law, certain temporary visitors holding expired nonimmigrant visas who seek to return to the U.S. may be admitted at a U.S. port of entry by CBP, if they meet certain requirements, including, but not limited to the following:Read more
[Q] What happens to my E visa/status when I sell my business or interest in the business?
From a USCIS examiner's perspective, your scenario will be governed by the below CFR provision:Read more
[Q] What happens when the principal E-2 visa/status holder dies? What can the spouse do?
There is no grace period, so that legally speaking, when the principal E-2 holder died, her status as E-2 dependent disappeared! But if her I-94 stay is still valid, she is not accruing any unlawful presence.
What she should have done or should do now is to try to get herself as the E-2 principal. Or she can try to pursue green card route.
[Q] Do I get 2 years or 1 year when I return to U.S. with my unexpired E-2 visa?
Let's examine what 8 CFR 214.2(e)(19) says on this issue:
(19) Period of admission . Periods of admission are as follows:
(i) A treaty trader or treaty investor may be admitted for an initial period of not more than 2 years.Read more
[Q] Can spouse and children of E-2 principal work, or do they need to obtain separate work authorizations?
Dependent spouses can work without separate work authorizations, but dependent children cannot work.
[Q] Can my family and I stay in the U.S. after our E-2/E-1 visa expiration date has passed?
To answer this question, you have to examine two documents: your visa pages in your passports and I-94 Entry/Departure forms given to you when you entered the U.S. the most recent time or when you received approvals on your COS or EOS applications. Read more