I-94

When does my E-2 Status Expire in the U.S.-- the I-94 Date or the Visa Expiration?

When does my E-2 Status Expire in the U.S.-- the I-94 Date or the Visa Expiration?

Immigration law is confusing, and this is one area where it is especially confusing. E-2 visas that are issued at U.S. Consulates can be given for a number of years which depends on your country of nationality, and at times, how viable the Consulate thinks that your business is. For example, nationals of the U.K. can be issued E-2 visas for 5 years, but in some cases, the Consulate may issue approved visas for 2 or 3 years instead, because the enterprise is a start-up and the Consulate is unsure the business will thrive for all 5 years.

Can I apply for a Green Card or change my status when my I-94 has expired?

Can I apply for a Green Card or change my status when my I-94 has expired?

Many of our clients and readers have asked this question. Generally, a foreign national here in the U.S. on a specific visa cannot apply for a Green Card or change their visa status after their I-94 expires. This is because only individuals who are considered to be in lawful immigration status may apply to change their immigration status. However, not everyone whose I-94 has expired is considered in violation of their status. This post seeks to clarify how to apply for a Green Card and change or extend your status and what your I-94 signifies.