Overstay & Reapplying For E2 Visa

MrsP

New Member
#1
I am wanting to reapply for an E2 visa but I will start with bullet points to show how we got where we are today so you have some background.

  • Approved B2 visa in London 2005
  • Entered USA July 2005
  • Changed status to E2 October 2005 -status valid for 2 years
  • Renewed status October 2007 for further 2 years
  • Changed nature of business and advised USCIS of substantive change in business July 2008 (Denied)
  • Applied in new company name for new business February 2009 (Denied)
  • I 94 expired 9/30/09
  • Left USA May 2011

    As far as I can gather, we are now subject to a ten year ban. I know what we did was illegal, everyone has their reasons. My husband was diagnosed with an illness for which he had surgery, which meant he wasn't fit to travel, we had a home to sell worth half what we paid for it, we wound our business up, it was all a very stressful and traumatic time. We stayed in the UK for 6 months and moved in September 2011 to Spain. I can't settle at all. I don't want to live here, the country is in a dire financial state and there is no work to be had.My husbands health is now stable. I am pining to get back to Florida. We are now legal residents of Spain. Would there be ANY WAY we could apply here in Spain for a new set up E2 business and be approved?
    It's difficult to get any info on overstayers as no-one wants to talk about it/admit it.
    I wouldn't/couldn't lie at interview as both our passports were issued whilst we resided in USA, my husbands was actually issued after our I94s expired!
    Our passports were not swiped at any time when we left the States and we did not hand in any I94's.
    Thanks for reading, any advice would be appreciated.
 

TheRealCanadian

Volunteer Moderator
#2
You cannot return to the US for 10 years unless you get a waiver of inadmissibility - which is impossible unless you have a US citizen relative who would suffer substantive harm by your presence abroad.
 

MrsP

New Member
#4
You cannot return to the US for 10 years unless you get a waiver of inadmissibility - which is impossible unless you have a US citizen relative who would suffer substantive harm by your presence abroad.
Thanks for the reply, can you explain a little more about the waiver and why it would harm a US citizen relative a little more as I don't really understand what you mean.
 

TheRealCanadian

Volunteer Moderator
#6
Thanks for the reply, can you explain a little more about the waiver and why it would harm a US citizen relative a little more as I don't really understand what you mean.
You don't understand - you cannot get a waiver unless you can demonstrate that your absence from the US would harm a US citizen relative.
 
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