My E3 denied - Pregnant Wife and family in US and I am in Australia

M

mikeshutter

New Member
Seeking help from the forum.

My Wife and I are both Australians. I have been on an L1A Visa for the last 5 years. I recently was made redundant from my job. My wife was working on her L2+EAD. As my visa was going to be cancelled when I finished employment, immediately we arranged for my wife to change to an E3 visa. She returned to Australia and got her Visa then then re-entered the US.

Now, I was not able to travel with her because I had to complete my employment, look after the children and arrange a new job (and the necessary things to get me an E3). As soon as she was back, I departed the US which was 4 days after my final employment date. (So I was out of status for 4 days).

I was told that this would not be a problem. How wrong I was.

I went to the US consulate in Sydney for my E3 Visa interview and they rejected my Visa because I had been out of status for 4 days. My attorney tried then to change this to an E3D (dependant of my wife's E3) but this was also rejected for the same reason. I was told by the consular officer that because I was out of status when I left the US then I will be banned from re-entering (I think it was 3 years).

I am now at a loss what I can do. My wife - who is 7 months pregnant is in the US with my two other children and I am unable to join her. My attorney says there is nothing more I can do and I should instead get them back Australia. I just cannot understand why being out of status for 4 days has such an impact. There is no way someone can get out of the US the same day their employment terminates.

Seeking help and advice ! Please !
 
Were you out of status or illegally present (expired I-94)? It sounds like from a 3 year ban that you were judged to be illegally present for from 180 days to 1 year. It is possible for a visa to be valid and your I-94 to be expired. It also could be that you had a previous period of time that has is now considered illegal presence. Also, your final employment date for status is the last day worked. Often people think that severance payments will keep them in status; they do not.

If your attorney was not a US immigration law specialist, you need to consult another.
 
Sorry to hear that mate. It is ridiculous that they denied just because you were out of status for 4 days!! Consult a good immigration attorney because there has to be a way out of this since you were not out of status for more than 10 days. Surely, you need couple of days to pack up and leave and they should at least consider that fact. Consult a good US immigration attorney asap. Unless you have any previous out-of-status issues or stayed beyond your I-94 expiration date? Good luck, hope you will be able to get back.
 
I think your attorney was not thinking ahead because he/she should have filed E3D for you immediately with USCIS instead of asking you and your spouse to go to Sydney at different times!

You could have left to get new E3 once he filed with USCIS if you wished because filing a COS keeps you in legal status until your COS is adjudicated or 180 days after filing. If you do not get any response at 180 days, you should then leave on the 179th day to avoid the ban.

So get a good immigration attorney asap and see if this can be resolved. Were you out of status previously on the other visa or was your I-94 expired at any time during you stay in the US?
 
I have never been out of status before, nor have I ever overstayed my I-94. I have been on an L1 continuously for 6 years (with renewals). These have all been done well within time.

I contracted another attorney to get help. Unfortunately he indicates it could take 6 months or more to sort this out (even if we could) so I am left with no choice but to evacuate my family back to Australia and leave our stuff behind for friends to help sell/pack up. I cannot leave my wife with 2 kids with 2 months to go in her pregnancy by themselves.
 
Sorry to hear that mate. It is unbelievable that they would deny you entry for being out of status for just 4 days! How can they expect anyone to fly out of the country in 4 days? I think as a last resort, you could have your wife meet with a state senator and congressional person to explain your situation since your wife is 7 months into her pregnancy. I think airlines might not allow her to fly now either. Before you evacuate your family see if you can get help through the state senate and congressional office. Good luck.
 
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