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Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28487
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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I am a Canadian citizen in the US on a E2 visa with my

Customer Question

I am a Canadian citizen in the US on a E2 visa with my family. I have almost been here for 5 years and I am re-applying for another E2 visa. I am applying in Vancouver Canada where the E2 visa was first issued in 2011. I own a business in the US and I have 15 american employees, my business is going fairly well. My sister who is a US citizen has put through a I-130 to sponsor me in April 2011, this application is now approved and I am waiting for a visa which could take another 7 to 8 years. Will this have a negative effect on my renewal application for another E2 visa? could I get turned down?
Submitted: 1 year ago.
Category: Immigration Law
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.

No your approved I-130 with a very long wait for the priority date should not affect your E2 visa issuance.

The E visa does have a "partial" doctrine of dual intent. That means you can have an intent to become a resident at some date in the future should the opportunity arise but that you fully intend to return to Canada when you no longer hold the D3 visa such as if you sell the business or it folds.

The consul is not going to be inclined to deny a E3 visa to someone with a profitable business employing a significant number of US workers. That would be counter intuitive to the purpose of the treaty investor philosophy.

Have you maintained any ties to Canada? Did you keep a residence there which you may have rented out?


Expert:  Judith Ludwic replied 1 year ago.

See this link which describes in the blog the E dual intent

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Expert:  Judith Ludwic replied 1 year ago.

Also see last paragraph of this link

In my 35 years I have had many such situations and the consul never denied the E renewal based on an approved I-130.


Customer: replied 1 year ago.
I did not maintain a residence in Canada.however I do use my sisters address to get my mail and different things there. I do have a considerable amount of investment money still in Canada. Will I be asked any questions about dual intent.
Expert:  Judith Ludwic replied 1 year ago.

"IF" the issue even comes up you will only be required to affirm your intent to return to Canada when your E2 or any extensions expire. You do not have to prove you have maintained any residence. You can take copies of your proof of investment in funds in Canada as proof of evidence to return there and establish domicile to await a priority date should you no longer extend your E2.


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.

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