Is a E2 dual intent visa?

G

Gabata

New Member
Hello, friends.
Due to previous overstay and 10yr bar I was advised that the only visas I can quaify for(with wavier of course, before my 10 yr bar is over) must be dual intent. And that any non immigrant visa will be denied 100% before the 10 yr bar is over...

I'm tryng to fugue out if E2 is dual intent and if I can apply for one with my overstay before the end of 10 ys?
Rading the foreign service manual regarding E2 did not make it clear unfortunately....

Thank you.
 
I think you are confused with the terminology. So-called "dual-intent" visas are all nonimmigrant visas. H1b, L1, even K1 are nonimmigrant visas. Any visa that does not make you a permanent resident immediately upon entry is a nonimmigrant visa. You would need a nonimmigrant waiver if you need a waiver for a nonimmigrant visa (other than K1), dual-intent or not.

Are you sure you have a ban? What was the situation on your previous stay? What status were you previously on? Did you have a date on your I-94, or did you have "D/S"? What age were you? Did you have a pending Change of Status or Extension of Stay application?
 
had d/s but afer applying for extention got i94 with the date on it not ds as before then next ectention was denied, and stayed past that date for way over 1yr, hence the ban according to the attorney i consulted with... I have no past or pending change of status requests. that was like 15 yrs ago...

Returned to my home country 5yrs ago but wanted go back to US before 10 yrs are over with wavier 212d3 (the only option i found in my case since no family in US).
Was advised to go for non immigrant dual intent because of this situation ...

Advise was since i overstayed for so long, it will be 100%denial if i go for any pure non immigrant visa because it will be impossible to show non immigrant intent to the coucular officer...also to not seek immigrant visas or GC lottery before the 10yrs because no wavier is available .
So that lead me to E2 path...but not sure if its dual intent and if it will be at all posible to get it before 10yrs are over.
Not really sure if this is a viable path at all...
Any help or suggestions will be highly appreciated.
 
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What may be the best route for me before the 10 yrs are over? If at all possible.
My thinking is since E2 is investor visa and I can raise a good amount of capital by selling propery I inherited, would it be easier in this case to invest and apply for E2 visa ? Better chances or not?
 
Make sure that your country of citizenship is one of the E-2 treaty countries.

Then you would have to consult two different aspects of your application with a lawyer. Your business plan must be rock-solid, and the investment must be substantial and risky, and meet all the requirements. Also, consult with them whether you have a case for a waiver.

Canadian citizens apply for and are getting waivers all the time for non-immigrant purposes (including tourism), but then again, Canadians don't have to deal with consulates (for most non-immigrant status except for E-2), so it may be a little different.

You really need to speak with a lawyer or some waiver expert and get their opinions.
 
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