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Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28734
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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I am a British Citizen, and came here on VW program. I live

Customer Question

I am a British Citizen, and came here on VW program. I live in Peru and married to a Peruvian who is here on a B1 Visa. If I wanted to apply for an E2 visa can I do this and remain here with my wife, and get it approved with the premium service?
Submitted: 1 year ago.
Category: Immigration Law
Customer: replied 1 year ago.
Can we also remain here once everything is approved.
Expert:  Judith Ludwic replied 1 year ago.

Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.

Unfortunately you cannot do a COS = change of status when you use ESTA. the VWP law is very clear on that prohibition for any reason.

If you had applied for a visa to enter the US on a B1 for the purpose of looking for a suitable investment you could have filed the I-129 and requested a change of status to E2 because you entered with a visa.

The E visa is different from all other work visas, such as the H, L, O, P which allow you to file a visa petition in the US and if it is approved you can simply use the USCIS approval for visa stamping.

With the E visa the Dept of State has complete autonomy in adjudicating a E visa application even if you have an approved I-129 from USCIS.

The Dept of State has special E visa consular officers, generally MBAs, economists or other such business specialized expertise who carefully troll through the special E2 visa application to determine if it meets the substantial investment test, as other factors. They make their own decision on approval or refusal.

So you will need to go back to Peru or UK and file the E visa application there. It can take up to a month for a decision.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions. Understand, it is my job to be honest and truthful about the law and sometimes the law does not give you the solution or options you want. Kindly give me a positive rating when you are done. If you feel I earned a BONUS, I am grateful. In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.

Judith

Customer: replied 1 year ago.
But the question would be instead of change of status would I be able to apply this from here since I am already in the country - then leave for Peru whilst it's getting approved or I can't even file the petition.
Expert:  Judith Ludwic replied 1 year ago.

Sure you can file the petition but it's approval is worthless the Dept of State Visa consul. The law requires you to apply on the E visa forms through the consulate and provide all the supporting documentary evidence and the DOS consul makes their own independent decision on whether to issue you the visa. The USCIS petition decision is totally irrelevant to the E visa application process.

Going through filing here is an exercise in futility.

See this link to the UK processing explanation

http://london.usembassy.gov/niv/enew1.html

Judith

Customer: replied 1 year ago.
How about if my wife applied for a L1 visa since she is here and I purchase the business and through her can I get it done ?
Expert:  Judith Ludwic replied 1 year ago.

Look at this. Even though it is on the Rome consulate site all play by same rules.

Q: I changed status in the U.S. Can I apply as a renewal?

A: No. Traders/investors who have changed status in the United States with USCIS must follow the steps for all first-time investors. Such a change of status remains valid only while the applicant remains in the United States. Once the applicant has left the United States, he or she requires an E visa to return and resume the running of his or her business. Change of status does not guarantee the issuance of a visa nor does it exempt the investor from the normal process of filing documents in advance with the Embassy in Rome.

http://italy.usembassy.gov/visa/vis/vis-6-en.html#FAQ

Judith

Expert:  Judith Ludwic replied 1 year ago.

Now your L visa question is a totally different topic and JA rules require you to begin a new question thread for new issues. I can loose my job for answering this.

However, I will be generous and take the risk. You still cannot do a change of status to ANY visa status since you entered on the VWP.

Of course, I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face or 3+ stars
In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.

Judith

Expert:  Judith Ludwic replied 1 year ago.

The L visa does not change anything with the process you have to go through at a consulate.

May I answer anything additional for you to earn your satisfaction. I strive to give good customer service and comprehensive answers. I feel I have failed you. Please tell me what additional information would be helpful. I put a lot of time into providing you with accurate information and details. Experts receive no salary, only compensated with a positive rating. I cannot comprehend where I failed you. Please let me know so we can make sure you fully understand your issue.
Judith

Expert:  Judith Ludwic replied 1 year ago.

May I answer anything additional for you to earn your satisfaction. I strive to give good customer service and comprehensive answers. I feel I have failed you. Please tell me what additional information would be helpful. Experts are only compensated when you provide a rating.
Judith

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