Immigration Law

Immigration Law Questions? Ask an Immigration Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Immigration Law

I am a British Citizen, and came here on VW program. I live

Customer Question
in Peru and married to...
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
Show More
Show Less
Ask Your Own Immigration Law Question
Customer reply replied 1 year ago
Can we also remain here once everything is approved.
Answered in 14 minutes by:
1/15/2016
Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 1 year ago
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 29,168
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
Verified

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

Ask Your Own Immigration Law Question
Customer reply 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.
Immigration Lawyer: Judith Ludwic, Immigration Lawyer 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

Ask Your Own Immigration Law Question
Customer reply 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 ?
Immigration Lawyer: Judith Ludwic, Immigration Lawyer 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

Ask Your Own Immigration Law Question
Immigration Lawyer: Judith Ludwic, Immigration Lawyer 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

Ask Your Own Immigration Law Question
Immigration Lawyer: Judith Ludwic, Immigration Lawyer 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

Ask Your Own Immigration Law Question
Immigration Lawyer: Judith Ludwic, Immigration Lawyer 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

Ask Your Own Immigration Law Question
Ask Judith Ludwic Your Own Question
Judith Ludwic
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 29,168
29,168 Satisfied Customers
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.

Judith Ludwic is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,969 satisfied customers

Private practice in several areas, including immigration

Wilton A. Person

Wilton A. Person

Immigration Lawyer

3,597 satisfied customers

Knowledgeable and experienced immigration lawyer.

Law Girl

Law Girl

Lawyer

451 satisfied customers

My law firm practices immigration law.

Gintare Grigaite

Gintare Grigaite

Immigration Attorney

186 satisfied customers

Expert Immigration Attorney

TheLeadCounsel

TheLeadCounsel

Immigration Attorney

17 satisfied customers

Immigration and Naturalization

Charlotte E. Viener, Esq.

Charlotte E. Viener, Esq.

Lawyer

12 satisfied customers

Over 10+ years handling all aspects of Immigration Law.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Immigration Lawyer

47,491 satisfied customers

10+ years of experience in various aspects of U.S. Immigration Law.

< Previous | Next >

Related Immigration Law Questions
K1 status of my son's fiancée shows Armenia as Consulate
Hi...k1 status of my son's fiancée shows Armenia as Consulate although forms filled out was Krakow...what do we do to correct it? Thanks … read more
Judith Ludwic
Judith Ludwic
Immigration Lawyer
29,168 satisfied customers
I have a friend who has been on a work visa from mexico for
I have a friend who has been on a work visa from mexico for the past 3 years back in sept it ran out he was layed up in bed due to an injury and did not return . he has since been arrested for being h… read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
Juris Doctor
47,491 satisfied customers
I want to ask something about work visa in U.S. Sorry, what
Hi, this is Janesol. I want to ask something about work visa in U.S … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,354 satisfied customers
I'm an Australian citizen on an E-3 work visa in San
I'm an Australian citizen on an E-3 work visa in San Francisco. I have an arrest record for solicitation of prostitution but the charges will be dismissed once I take the First Offender Prostitution P… read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
My husband was on a P3 work visa and we have since filed is
Hello, my husband was on a P3 work visa and we have since filed is Adjustment of Status for the spouse visa (back in September). his p3 was valid until January 2018, so he was never out of status. Sub… read more
Judith Ludwic
Judith Ludwic
Immigration Lawyer
29,168 satisfied customers
Whats the easiest way to apply for a work visa for a partner
Whats the easiest way to apply for a work visa for a partner of mine tgat wants to move to tge US and work for my company?… read more
Judith Ludwic
Judith Ludwic
Immigration Lawyer
29,168 satisfied customers
My wife had her interview at the Consulate 2 weeks ago.
Hello, my wife had her interview at the Consulate 2 weeks ago. Afterwards we submitted requested documents along with a new & current physical. Since submitting all the requested evidence 3 days ago h… read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
Judith, My fiancé received her visa from the GZ consulate in
Hello Judith,My fiancé received her visa from the GZ consulate in China. (!). We'll be traveling together from China to the US. Next in the next two weeks. San Francisco is the most convenient airport… read more
Judith Ludwic
Judith Ludwic
Immigration Lawyer
29,168 satisfied customers
I'm on non immigrant working visa and in process of getting
I'm on non immigrant working visa and in process of getting green card. … read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
What are grounds for revolking an immigrant work visa? Can
What are grounds for revolking an immigrant work visa? Can the sponsor of the immigrant request the visa to be revolked if the immigrant quits the job he came here to do? … read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
Juris Doctor
47,491 satisfied customers
My fiance had an appt at the Jerusalem Consulate and I
My fiance had an appt at the Jerusalem Consulate and I needed to submit my original divorce paperwork. Now they requested he go back but they state they need to speak with my via phone about some issu… read more
Judith Ludwic
Judith Ludwic
Immigration Lawyer
29,168 satisfied customers
If upon interviewing for a visa at the consulate the officer
If upon interviewing for a visa at the consulate the officer is giving me information I know is incorrect about the legal processing for my case, what can I do? (Ex. I am applying for an o-1 NON IMMIG… read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
Juris Doctor
47,491 satisfied customers
I'm going to the consulate tomorrow in Mexico. I know I am
I'm going to the consulate tomorrow in Mexico. I know I am inadmissible under 212d3 for unlawful presence (10 year ban) . I have an employee sponsor for an approved o-1 non immigrant visa and have pre… read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
Just so if I go to my country consulate and get a passport
Just a follow up so if I go to my country consulate and get a passport issued to me then in your opinion would that be the safest way to travel and worth the risk for a trip to NYC?… read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
The document specific to the Ankara Consulate, where my
The document specific to the Ankara Consulate, where my parents IR5 interviews are says that they need the complete work history of the applicant not only the last 10 years.However, the DS260 instruct… read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
I just had an immigration interview at uS consulate in
I just had an immigration interview at uS consulate in Guangzhou China, we were told that I didn't earn enough on my tax returns. Can I use my old retired parents s as a joint sponsor and only show th… read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
My fiancee and I are getting ready to go to the consulate in
my fiancee and I are getting ready to go to the consulate in ciudad juarez for her K1 Visa interview. I have mentioned in the past that she had an 8 month and 2 day Visa overstay. When she went back t… read more
Jenny Imm Law
Jenny Imm Law
Immigration Attorney
Doctoral Degree
4 satisfied customers
As a Canadian immigrant on an E2 work visa facing felony
As a Canadian immigrant on an E2 work visa facing felony drug charges, would I still be deported if I got married to a US citizen before conviction?… read more
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
Juris Doctor
47,491 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x