Client was in the US and had an E-2 visa for three years with several months remaining. The Client realized that he had overstayed his I-94 which was valid for 2 years and tried fixing the issue by leaving the US and re-entering to get a new I-94. The Client however, was not allowed re-entry into the US and was told that he had to apply for a new E-2 visa in his home country.
The Client however knew that applying for a new E-2 was not going to be an easy feat as much of the documents that the Client needed for the renewal, was physically in the US. Additionally, many consulates do not adjudicate these E-2 applications immediately and therefore there would be a delay in the processing time.
Upon assessing the situation in its totality, we obviously knew that the Client was going to need to apply for a new E-2; there was no escaping that aspect of it. After assessing our Client’s US business, we determined that applying for a renewal E-2 was feasible given that the company had sufficient revenues, in addition, there appeared to be a sufficient number of employees.
We internally discussed the possibility of a humanitarian parole and decided that this would be the best path to get our Client back into the US, especially since he needed to enter the US in order to gather the paperwork for the renewal application. The application for humanitarian parole was made electronically through a Port-of-Entry and was addressed to a Chief.
The humanitarian parole application was ultimately decided in our Client’s favor. It took roughly one week for this application to be decided. We are now actively working on the E-2 visa and we do not anticipate any problems. Although our Client did accrue unlawful presence, the I-94 had only recently expired and he did not accrue over 180 days of unlawful presence to trigger a 3 or 10 year bar and therefore, does not require a waiver.
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