Case Studies: E-2 visa for a UK citizen and E-2 derivative visas for his wife and son
| Visa Type: | E2 Visa |
| Country: | UK |
Synopsis
Our client invested a little over $175,000 USD to acquire the assets of an operating printing business franchise. The franchise offers customized print and marketing solutions to businesses using data driven, multi-channel communications that blend design, print, web, large format, mobile, and social media services.
We advised the client to try to negotiate a contingency with the seller based on the approval of his E-2 Treaty Investor visa application. The E-2 classification requires an irrevocable investment of funds, but our client wants to minimize the risk on his part since there is no assurance that he will get the visa to come to the U.S. to operate the business. The seller agreed to the contingency clause, the asset purchase agreement was finalized, and our client's investment funds was transferred to the escrow account.
During the interview, our client's wife was questioned about an approved immigrant petition filed by her sibling for her. It should be noted that anyone applying for a nonimmigrant is always presumed to be intending to immigrate. During the interview, the officer's line of questioning zeroed in on the pending immigrant petition. Since we had an interview preparation session with our client and his wife, they both knew how to answer the questions and they successfully overcame the presumption of immigrant intent. Again, it should be noted that while the E-2 visa is a nonimmigrant visa, a pending immigrant petition should not automatically disqualify the applicant from getting the visa.
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