We are currently in the States on an E2 visa, which after 5 years has now expired in January. Our I94 status is until August 23. Our child is in the school system and is starting middle school in August and we need to leave the country urgently to go to Europe. Can we return on a B1/B2 visa whilst our new E2 is in process and my child attend his new school when we return to the States?
Answers
Lynne Feldman
Find an EB-5 Visa Lawyer: Immigration AttorneyYour child may not go to school in B-2 status. You may take a brief debrief departure before the I-94 card expires if the visa is still valid and you should be given two more years. If a new visa is needed, get this moving along ASAP and make an appointment at the consulate.
Bernard P Wolfsdorf
Find an EB-5 Visa Lawyer: Immigration AttorneyYou should have travelled before experitation because you get a new two year admission period every time you enter. At this point your children cannot attend school on tourist visas so if you have a valid E-2 admission and the visa extension is delayed then you need to file an extension of stay with USCIS before your status expires.
Stephen Berman
Find an EB-5 Visa Lawyer: Immigration AttorneyThere is a risk they will deny admission.
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