My scenario is this... in July of 2002 I moved down to the US from Canada on an L1-A. I lost my job in September of 2002 (nice eh?), which effectively canceled my visa although my I94 had a July 2004 date on it...
I was pregnant at the time got married and stayed until June of 2003 (not sure if the government would know of that being an overstay, would depend if my company had reported my layoff or not)... anyways, I returned to Canada in June of 2003 and did NOT submit my I94. I have not been back to the US since.
Now, fast forward 3 years, I'm scheduled to go to a conference with my company (not going woudl be a career limiting move)... I know I can send in evidence that I did infact leave the country before the I94 expired (which I will do(i've lost the I94 itself, hoping to find it)), but that it takes up to 4 months for this to process and the conference is in 3 weeks... Am I unable to travel before this is officially processed? Would US immigration be receptive to proof that I have mailed this information off along with photocopies of the proof sent to Kentuck INS, proof of my residency in Canada since 2003 (bank statements, tax returns and employment statements) and a letter from my employer pertaining to the conference. Will I need to apply for a B1 Visa at the airport?
To add some hope to this sitution, I have since gotten a new passport (now under my married name). I have spoken to my friend who works in the passport office and she does not believe the US immigration will have any link to my previous passport information (and will therefore have no knowledge of the previous I94 which was in my maiden name).... Does anyone know this to be true? It sounds too good to be true, it would mean anyone who can change their name legally could just get a new passport and have a do-over... But then again stranger things could happen...
Anyways, any advice would be appreciated... My job is slightly in jeporady of I opt out of this conference, but I think it would be worse if I was refused at the border after I was confirmed.
thank you in advance for any help!!!
Chelle
I was pregnant at the time got married and stayed until June of 2003 (not sure if the government would know of that being an overstay, would depend if my company had reported my layoff or not)... anyways, I returned to Canada in June of 2003 and did NOT submit my I94. I have not been back to the US since.
Now, fast forward 3 years, I'm scheduled to go to a conference with my company (not going woudl be a career limiting move)... I know I can send in evidence that I did infact leave the country before the I94 expired (which I will do(i've lost the I94 itself, hoping to find it)), but that it takes up to 4 months for this to process and the conference is in 3 weeks... Am I unable to travel before this is officially processed? Would US immigration be receptive to proof that I have mailed this information off along with photocopies of the proof sent to Kentuck INS, proof of my residency in Canada since 2003 (bank statements, tax returns and employment statements) and a letter from my employer pertaining to the conference. Will I need to apply for a B1 Visa at the airport?
To add some hope to this sitution, I have since gotten a new passport (now under my married name). I have spoken to my friend who works in the passport office and she does not believe the US immigration will have any link to my previous passport information (and will therefore have no knowledge of the previous I94 which was in my maiden name).... Does anyone know this to be true? It sounds too good to be true, it would mean anyone who can change their name legally could just get a new passport and have a do-over... But then again stranger things could happen...
Anyways, any advice would be appreciated... My job is slightly in jeporady of I opt out of this conference, but I think it would be worse if I was refused at the border after I was confirmed.
thank you in advance for any help!!!
Chelle
but I just wanted to post an update for anyone who might have been remotely curious... I entered the US with my new passport without issue... had miles of paperwork with me to back up my case and all I was asked was business or pleasure and what kind of work I did...