6 months visitors visa running out while waiting on E2?

[Boiler 45,795]

Hopefully the OP has a good lawyer familiar with the process, Premium Processing is just part of the equation and CoS does not get you a visa even is successful.

[SalishSea 17,988]

31 minutes ago, Boiler said:

Hopefully the OP has a good lawyer familiar with the process, Premium Processing is just part of the equation and CoS does not get you a visa even is successful.

OP seems quite self-assured and not concerned about the process even a tiny bit.  Good to go.  👍

[Ghost 6]

1 hour ago, Letspaintcookies said:

I think OP means premium processing which is available for E2

Yes that! Sorry. I had no idea what it was called. Thank you. 

[Mike E 11,741]

2 hours ago, Crazy Cat said:

@Mike E,  Is this through an I-539 Change of Status?  

 

Pretty sure Luxembourg is in visa waiver program, and thus per https://www.uscis.gov/sites/default/files/document/forms/i-539instr.pdf 

 

“You may not be granted an extension or change of status if you were admitted under the Visa Waiver Program”

 

But yes in general I-539 is used to change to a different non immigrant status. 

 

I cannot  find anything definitive that says one can adjust from B to E-2
 

 

[Ghost 6]

1 hour ago, Boiler said:

Hopefully the OP has a good lawyer familiar with the process, Premium Processing is just part of the equation and CoS does not get you a visa even is successful.

Yes I know it doesn't auto approve you but skips the steps of extending a visa while you wait etc. Seems like a better option.

 

16 minutes ago, Mike E said:

Pretty sure Luxembourg is in visa waiver program, and thus per https://www.uscis.gov/sites/default/files/document/forms/i-539instr.pdf 

 

“You may not be granted an extension or change of status if you were admitted under the Visa Waiver Program”

 

But yes in general I-539 is used to change to a different non immigrant status. 

 

I cannot  find anything definitive that says one can adjust from B to E-2
 

 

I have a 2nd citizenship not just Lux one. 

[Crazy Cat 41,985]

7 hours ago, Ghost said:

Yes I know it doesn't auto approve you but skips the steps of extending a visa while you wait etc. Seems like a better option.

 

I have a 2nd citizenship not just Lux one. 

Are you in the US right now?  If so, on what basis did you enter?

[Demise 1,309]

13 hours ago, Crazy Cat said:

You might want to read this:  I am no expert, but this might apply.  Looks pretty risky to me.

Chapter 3 - Unlawful Immigration Status at Time of Filing (INA 245(c)(2)) | USCIS

Translating governmental nonsense into English, this basically states that while your COS application is pending and your previous stay expires during that, you still remain in a period of authorized stay.

 

Also, you are looking at INA 245(c)(2) which states that you must be in valid status at the time of filing for AOS. COS + AOS cases can get pretty complicated but the jist of it is that: You cannot file for AOS in the window between previous status's expiration and I-539/I-129 approval. Either you have to file while the first status is still valid or after the change to second status is approved. Not relevant to the topic at hand but I figured I'll give you the rundown.

 

So OP, back to questions at hand:

1. Did you file for change of status on the I-129 (Part 2, question 4, box b)?

2. Did you enter on VWP (aka ESTA) or on a B-1 or B-2 visa?

[Crazy Cat 41,985]

16 minutes ago, Demise said:

you still remain in a period of authorized stay.

That is not how I read "does not automatically afford protection against removal..." and "may be subject to removal....until.....approved".  

Edited September 13, 2022 by Crazy Cat

[Demise 1,309]

21 minutes ago, Crazy Cat said:

That is not how I read "does not automatically afford protection against removal..." and "may be subject to removal....until.....approved".  

I mean technically nothing aside US Citizenship or Non-Citizen Nationality affords protection against removal. In all reality nobody except a complete crackhead CBP agent bored out of his mind from patrolling absolute middle of nowhere on the Alaska/Yukon border would refer someone with pending COS for removal proceedings. No court would order you removed even if it got to that point. Give me a few minutes, I need to dig up some AFM citations because Policy Manual never went there.

Edited September 13, 2022 by Demise

[Ghost 6]

I will just be doing "Premium Processing" to avoid all those other issues.

 

 

[Boiler 45,795]

Let us know how it goes.

[Family 4,076]

6 minutes ago, Ghost said:

will just be doing "Premium Processing" to avoid all those other issues.

Excellent choice. Premium processing will give you a Response in 15 days , but be wary if you get RFE on I-129 . At that point , I would walk away before your 6 month B1/B2 expires if you don’t get approved change of status before I-94 expires. Remember if they do grant your E-2 change of status you’re stuck in the US without possibility of travel outside ( short of a bit of Mexico/ Canada) .

Worst case scenario  , you re- apply for Consular E-2 and come in w visa that will give you ability to travel.

[Ghost 6]

2 minutes ago, Family said:

Excellent choice. Premium processing will give you a Response in 15 days , but be wary if you get RFE on I-129 . At that point , I would walk away before your 6 month B1/B2 expires if you don’t get approved change of status before I-94 expires. Remember if they do grant your E-2 change of status you’re stuck in the US without possibility of travel outside ( short of a bit of Mexico/ Canada) .

Worst case scenario  , you re- apply for Consular E-2 and come in w visa that will give you ability to travel.

Yeah I think Premium processing is the best way to go for myself. To avoid all those other issues and yes I understand I can't leave until it's approved or denied I believe. Just like any other visa.

 

Thank you. 

15 minutes ago, Boiler said:

Let us know how it goes.

For sure I will. 

[Boiler 45,795]

You are not applying for a visa.

[Family 4,076]

1 minute ago, Ghost said:

yes I understand I can't leave until it's approved or denied I believe. Just like any other visa.

Sorry, I was saying the opposite . If you get RFE and Don’t get Approved before I-94 expires, I personally think you are better off leaving and starting over w Consular Visa .