Immigration Law

Immigration law questions? Ask an immigration lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I am a Canadian citizen in the US on a E2 visa with my

Customer Question
family. I have almost been...
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: 2 years ago.Category: Immigration Law
Show More
Show Less
Ask Your Own Immigration Law Question
Answered in 6 minutes by:
1/24/2016
Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 2 years ago
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 30,053
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.

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?

Judith

Ask Your Own Immigration Law Question
Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 2 years ago

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

http://www.americanlaw.com/e1e2.html

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 2 years ago

Also see last paragraph of this link

https://www.usimmigration.com/nonimmigrant-visas.html

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

Judith

Ask Your Own Immigration Law Question
Customer reply replied 2 years 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.
Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 2 years 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.

Judith

Ask Your Own Immigration Law Question
Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 2 years 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.
Judith

Ask Your Own Immigration Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an immigration lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Judith Ludwic Your Own Question
Judith Ludwic
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 30,053
30,053 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

4,009 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 Senmartin

Guillermo Senmartin

Immigration Attorney

51,402 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

< Previous | Next >

Related Immigration Law Questions
J. Senmartin, Esq I am an Indian national residing in the
for Guillermo J. Senmartin, Esq I am an Indian national residing in the USA since 2006. I cam here on F1 Visa and now I am on H1-b. Recently I have been granted Permanent Residency in Canada. If I mov… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
51,402 satisfied customers
I'm a US Card holder since Nov'15 and my boyfriend is Canada
I'm a US green Card holder since Nov'15 and my boyfriend is Canada permanent resident. We are planning to get married. How long would it take for him to get a green card or work authorization for US o… read more
Edward Young
Edward Young
Juris Doctor
573 satisfied customers
We are in sort of a bind. My sister's fiancee is permanent
Hi Pearl, We are in sort of a bind. My sister's fiancee is permanent resident of Canada with a 10yr visitor visa to US. My sister's plan is to get married and move to Canada but they would like to eve… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
51,402 satisfied customers
My sister who is a US citizen has sponsored me and my family
my sister who is a US citizen has sponsored me and my family to the USA. The case was approved April 3, 2015 and my priority date is April 13, 2011. how many more years will I have to wait. I am alrea… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
51,402 satisfied customers
My Family and I are in the US on a E2 visa. We are all Canadian
My Family and I are in the US on a E2 visa. We are all Canadian citizens, however my birth country is Grenada in the Caribbean. I manage 2 businesses here in the US and employ 18 people. I have a hist… read more
Expert James
Expert James
Doctoral Degree
12,485 satisfied customers
Hello! I want to get incorporated in the State of New York
Hello! I want to get incorporated in the State of New York in order to be able to apply for an E2 visa but I'm having a hard time with the legal jargon on their website. Can I just fill out the same f… read more
Judith Ludwic
Judith Ludwic
Immigration Lawyer
J.D.
30,053 satisfied customers
I am a canadian citizen holding canadian passport.On jan 2
I am a canadian citizen holding canadian passport.On jan 2 2014 I applied for E2 visa at The us consulate in vancouver.After interview visa officer told me that my application need Undergo administrat… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
51,402 satisfied customers
my husband has applied for e2 visa in usa as starting a business
my husband has applied for e2 visa in usa as starting a business there. he is also getting for myself and young daughter. Question: is being married or in process of divorce important to getting visa … read more
Ely
Ely
Counselor at Law
Juris Doctor
4,009 satisfied customers
Im a US citizen and want to sponsor my parents on an I-130
I'm a US citizen and want to sponsor my parents on an I-130 visa. How long will it take and can they come and visit during the process? What would they need to have as proof that they were not trying … read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
51,402 satisfied customers
My sister is over 21 and is a canadian citizen. I live in
My sister is over 21 and is a canadian citizen. I live in Georgia with my husband and 2 kids. I would like to sponsor my sister to live here instead of living in Vancouver by herself. How do I begin t… read more
Guillermo Senmartin
Guillermo Senmartin
Immigration Attorney
Juris Doctor
51,402 satisfied customers
iam a canadian citizen and iam currently visiting usa,i would
iam a canadian citizen and iam currently visiting usa,i would like to know what is the best way to work & live in the usa legally,… read more
Expert James
Expert James
Doctoral Degree
12,485 satisfied customers
Hi, I am currently married and my wife is locate in another
Hi, I am currently married and my wife is locate in another country (Canada) what do I need to do to sponsor her into the US? what kind of forms and application do I need to submit?… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
Are their anyone online that knows Canadian Laws Please
Are their anyone online that knows Canadian Laws?? Please see below If a Canadian is working in the US on a TN Visa and wants to marry an American does the Canadian have to go back and apply for a K-1… read more
Legal Ease
Legal Ease
Lawyer
Doctoral Degree
I was recently married to a Canadian woman residing in Vancouver
I was recently married to a Canadian woman residing in Vancouver BC. We would like to bring her down to the states. It is my understanding that I have to submit the I-130 form and then receive confirm… read more
Judith Ludwic
Judith Ludwic
Immigration Lawyer
J.D.
30,053 satisfied customers
I am an American citizen living in Ct, my fiancee is a Canadian
I am an American citizen living in Ct, my fiancee is a Canadian Citizen Living in Vancouver. We want to get married soon and are trying to figure out which is the best country to get married in and fi… read more
Judith Ludwic
Judith Ludwic
Immigration Lawyer
J.D.
30,053 satisfied customers
I currently employed in the U.S. with E2 visa, and going to
I currently employed in the U.S. with E2 visa, and going to get married with an American citizen soon. With E2 visa status, am I eligible to apply Adjustment of Status (I-485) without leaving the U.S … read more
Judith Ludwic
Judith Ludwic
Immigration Lawyer
J.D.
30,053 satisfied customers
I have a canadian pastor friend with an american wife who ...
I have a canadian pastor friend with an american wife who wants to come to the united states. he has been unable to get the appropriate papers. What must he do? Can a church sponsor him?… read more
LEV
LEV
Retired
Bachelor's Degree
14,896 satisfied customers
I am English my mother was English and my Father was ...
I am English my mother was English and my Father was Canadian have a B1-B2 visa and have had two extensions, I have owned a home in Florida since 2002 and now wish to semi-retire hear possibly find a … read more
EMJ1219
EMJ1219
Senior HR Consultant and Business Devlpm
Bachelor's Degree
6,994 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