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E-2 Visa Denied, will re-apply.

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  • E-2 Visa Denied, will re-apply.

    Hi,

    I hired a lawyer to apply for an E2 visa. We submitted all paperwork to the Consulate where I live, and after several weeks, the consulate called my lawyer to give us an appointment.

    I went to the consulate just to find out that my visa was denied by the guy who reviewed my documents (not the guy who interviewed me, talk about "don't kill the messenger"). The reason, the money in the bank account is not "invested", "commited" or "at risk".

    Since my business is a consulting business, I did not want to invest the money until I had permission to work in the US... now I am investing all the money, hiring two US Citizens, renting an office, etc... but I can't work, so my business can't really start opperations.

    My concern here is if a re-application lowers my chances (after being denied once), or if when the consular officer reviews my case and sees that substantial money has been invested, employees have been hired, etc. he will accept the case... I am so worried about going "all-in" with my life's savings, just to be denied again... any denied-then-approved experiences out there?

    THANKS...

  • #2
    As long as you have made the requisite changes to your application, I don't see a reason why it should be denied again. You did not mention which country you are from, but typically they do not even call in for the interview if the person reviewing the documents has already denied your petition.

    Consulting businesses are often times hard to prove that the money is indeed "at risk" as required by the regulations. I think any application without a lease is automatically red-flagged. This is just based on my experiences and have heard of many application being approved out of a home office. However, one way to show money "at risk" is by pre-paying your lease for 12 months. So having an actual office is a great way to show you are actually "investing" the money.

    You can also put the money in escrow and put a clause in the contract that says the money will only be released contingent upon your E-2 visa approval. This way you show the money "at risk" but you are also not losing out if you do not get approved. Your attorney should be able to hold it in an escrow account for you.

    Hope that helps! Good luck!

    Comment


    • #3
      Did you solved?

      Hi amoel,
      your message is pretty old but, i'm trying to get off the same situation.


      Did you solved the issue? Do you have any...figures detail that you can share?

      Thanks a lot!!!

      Comment

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