Queen35

Hi could someone please explain the E2 visa and the process of it? We think this is the visa we need.
Also from what I’ve researched online am I right in thinking to get an E2 visa and have a criminal record, an ineligiblity waiver needs to be applied for? What is the process of that waiver?
What is the success rate of getting an E2 visa with a criminal record?
Thanks

christmasoompa

https://www.uscis.gov/working-in-the...eaty-investors When you say 'we' can you clarify? It's not a visa that's ever recommended on BE for families due to the temporary nature of it and no direct route to a green card (particularly for older children that will 'age out' part way through the visa).

What is/are the conviction(s) for and how long ago?

S Folinsky

An attorney experienced in US immigration law can explain in the context of a consultation.

Queen35

Christmasoompa - Hi it’s me, my fiancé and 4 children. They will be 21,17,13,12 when we hopefully move.
My fiancé has a drug conviction which was 20 years ago.
He has his own construction business and we would like to open another construction business in Florida. What I’ve read online it says we need an E2 visa to do that.

Queen35

S Folinsky - Hi yes we are planning on speaking to a US immigration lawyer nearer to the time

christmasoompa

Your eldest is too old to be a dependent on your application. The 17 year old would also 'age out' in a few years, so another thing to consider.

A drug conviction really isn't good. The US is pretty draconian when it comes to drug convictions, has he ever visited with a B visa and waiver? I'd suggest a consultation with a good immigration lawyer to see if there's any chance at all.

Also, if he could get a visa, then look at the L1 - a much better idea than the E2 if the business would qualify (i.e. you'd be keeping the UK business running), as it can lead to a green card and being able to stay permanently if you wish, unlike the E2 (assuming his drug conviction isn't a bar to applying for an immigrant visa - which it may well be).

Best of luck.

Queen35

Christmasoompa - Thanks so much for your help. We will look into the L1 visa. No he has never visited on a B visa or a waiver.

Has anyone ever got a visa with a drug conviction?

christmasoompa

You've not said what his conviction is for and any sentence that resulted from it, so hard for anybody to tell you if there's any chance at all. But this is definitely this is an attorney job IMO, not a DIY case at all.

I guess you need to decide if this is worth pursuing - if your husband hasn't even visited where you could move to, and it would mean your eldest two children not staying with you, is it worth the potential high cost and hassle? Might be worth looking at other places to move to maybe.

Good luck.

Noorah101

You will need to be legally married in order for you to get the derivative visa to move with him to the USA. Being a fiancee is not enough.. Rene

Anon63WPT

curious to know the outcome?

SanDiegogirl

It's only been just over a month since original posting, doubt whether anything has happened in the meantime.

S Folinsky

As an aside, an E-2 is a “non-immigrant” visa which allows household members who are not spouse or minor children to obtain B-2 visa/status for long term sojourns with the head of the household.

karenkaren1

yes, my husband did. It's a process....as you are aware. we came out on L1 (and L2 visas) in 2018 and got our green cards in 2022.