Originally Posted by
englisa
The B1/2 is def not in the system. It’s never shown up in the kiosk, and i never saw the agent at the original interview entering those details, but i saw him check/do the work visa. It’s not listed as one of my visa travel options in the GOES/TTP site either. So i will have to register it.
On the grace period, i guess i just have a (un)healthy respect for doing things by the book re anything to do with immigration and border control. Technically the grace period is given as *discretionary* (so not guaranteed), and is to facilitate leaving the USA or facilitate a new job search. Yes, technically packing up my stuff is facilitating leaving but I’m using almost all the 60days and I’ve mostly been doing touristy things, so technically pushing the boundaries? Also not all immigration agents necessarily know about the grace period ruling change. Also seeing as I’m still here on the E2, not sure what effect going and having that removed from GE has before i leave. I can’t find anything about this, except people that have already switched visas updating their GE info (ie they changed status within the USA). So i suppose I’m just checking to see if I’m settting myself up for a lot of hassle by trying to do it before i depart.
1. 'Discretion'
Just to be clear, under the regulations, the granting of the 60 days is not discretionary. Only the "eliminat[ion] or shorten[ing]" is discretionary.
- "An alien ...
shall not be considered to have failed to maintain nonimmigrant status"
- "DHS
may eliminate or shorten this 60-day period as a matter of discretion."
When USCIS adopted the 60 day waiver,
their commentary to the rule indicated that they only contemplated the use of discretion to eliminate or shorten that period "
at the time a petitioner
files a nonimmigrant visa petition requesting an extension of stay or change of status". (Federal Register, volume 81, page 82,439.)
Big-hitter immigration firms like
Cyrus Mehta agree with that analysis.
In USCIS' own words, someone who does not file a visa petition before they leave would not even enter into the stage at which USCIS would intend to consider the use of discretion for shortening/elimination.
Also, USCIS explained that it uses that discretion to target people who've done wrong, for example: "violations of status, unauthorized employment during the grace period, fraud or national security concerns, or criminal convictions, among other reasons." (81 Fed. Reg. 82,439.)
2. Activities during grace period
That
regulation provision contains no restriction on which activities are permitted during the grace period, other than (1) "not work[ing]" and (2) continuing to be compliant with the visa status on which the alien entered.
In fact, USCIS specifically decided against including the phrase "'to prepare for departure from the United States or to seek an extension or change of status based on a subsequent offer of employment'" as "it is unnecessarily limiting and did not fully comport with how the ... grace period may be used by individuals in the H, O and P nonimmigrant visa classifications". (81 Fed. Reg. 82,437.)
Whether the alien uses the 60 days to pack their clothing, visit Disneyland, or date nightly on Tinder does not alter the language of the regulations: "shall not be considered to have failed to maintain nonimmigrant status".
3. CBP officer knowledge of grace period
If you're concerned that the CBP officer at the Global Entry office will be unfamiliar with the grace period, simply print out the GPO versions
of 8 CFR 214.1 and
of 81 Fed. Reg. 82398 and have them ready.
4. Global Entry-linked visa
Global Entry is not the basis of a person's admission to the United States. As
the GE regulations note, it simply provides "an alternate inspection process".
The basis of admission would be the E-2 visa.
Whether your Global Entry membership becomes linked to a different visa, has expired since the time you entered, or was canceled since you entered does not affect any lawful status as an alien admitted on E-2 classification.
Simply adding documentation of a B1/B2 visa to a Global Entry membership does not magically convert someone into a B-1 or B-2 admittee, nor does it affect their existing E-2 admission.
I'm also not sure why you believe that you would need or want to ask the CBP officer to "remove [the E-2 visa] from GE". But even if you did ask him to remove it from your Global Entry membership, it would not affect the fact of any lawful presence in the United States in E-2 classification.
Global Entry membership and the documents linked to Global Entry do not alter the status on which someone was admitted.
5. Personal anecdotes from other FlyerTalk users
Sadly, I have significant doubts that you'll find many people on FlyerTalk who have had this same situation (visa grace period with Global Entry document update in the United States) before next week.
There's a pattern on FT that postings about US visas tend to be asked by posters who only post once or twice about it, and then don't return much to FT in the future.
You may be better off trying to find personal experiences for that data point on the forums at ImmiHelp and VisaJourney than here.
Of course, as always, your best path is to consult a competent attorney, specializing in immigration and trusted traveler program law, as the above is not legal advice, and any attorney advising you would need to discuss with you the particular circumstances of your situation.
Hope all the red tape didn't scare you away too much from another US visit in the future!
