kjmcass100

Hi all, I have recently purchased a large log cabin in Tennessee and am intending to purchase another cabin however I have come across a cabin rental business for sale which includes 4 more cabins. They run a rental business with these 4 cabins. Would I be likely to obtain an E-2 visa through this investment? Thanks Kevin

Ray

Thats bordering on being a passive investment
which will be rejected ..

http://www.investorvisausa.com/index.html

Folinskyinla

Hi:

You are talking about investing a fair sum of money. I suggest you retain an attorney who does "E" work to help you and advise you. Their fees are often quite reasonable in relation to the sum of money you are talking about.

Folinskyinla

Ray:

There is actually a court case involving a Norwegian who invested in a somewhat similar business -- no employees but it kept him busy doing all the work required. I recall the issue was more on the "management/executive" thing since he was actually doing all the work including janitorial and gardening. The case was resolved in his favor.

scrubbedexpat099

Had he landlocked himself?, just wondering how there could be a court case with a visa renewal application.

I can think of quite a few London cases I have read who have had major problems. And they were a lot less passive.

Folinskyinla

Hi:

I have no idea. The case is 18 years old -- Lauvik v INS, 910 F 2nd 658 (9th Cir. 1990). The unofficial summary from West state:

"Alien sought review of the Immigration and Naturalization Service's (INS) denial of his request for extension of treaty investor status. The United States District Court for the Western District of Washington, Robert J. Bryan, J., affirmed, and alien appealed. The Court of Appeals, Canby, Circuit Judge, held that: (1) evidence showing that alien might have wanted to remain permanently in United States was insufficient to conclude that alien would not depart on termination of treaty investor status; (2) performance of menial tasks in maintaining mobile home trailer park did not negate alien's treaty investor status; and (3) alien had other substantial assets so that his investment was not marginal and solely for earning living." [Note that this is copyright of West Publishing but is quoted under "fair use."]

It is interesting to note that the 3 judge panel was a fairly "conservative" one which would tend to give deference to the government.

Also, note the fact of income from aboard to get around the "marginality" requirement. The OP's question simply covered ONE part of the eligibility for E visa requirements.

On the land-locked thing, I wonder if DOS would refuse to acquiese in a published Court of Appeals decision. Makes them look bad in that it is not simply a case of "those incompetent jerks from INS."

Please note that I am NOT giving advice. However, I did respond to an assertion of "no way, no how". This is where a knowledgeable lawyer can help -- knowing how to balance the various factors.

scrubbedexpat099

Just wondering, but if you say come back to London for renewal, would you also be able to appeal to a court? I am sort of guessing that this option would no be available.

It does no matter what sound a measure of last resort, something to be avoided as far as is possible.

Folinskyinla

Hi:

No. "Consular non-reviewability" is a big thing.

fatbrit

A Google of your cited case brought up an interesting article entitled:
Imagining The Improbable: Extraordinary Immigration Solutions For The Hapless And Hopeless
The title says it all, really.

Folinskyinla

Hi:

Angelo's article is consistent with my point that often having a knowledgeable lawyer on hand is a good thing. Thank you emphasizing my point that an internet forum is not always the best way to get accurate information and tie it all together.

scrubbedexpat099

Absolutely agree that an Internet Forum is a long way away from legal advise.

So going back to the original question, if you are really desperate, prepared to landlock youself, role the dice on a potential (costly) law case, could you make it work - maybe. Not a route I would want to go down, but others may differ in their view.

It does seem that there are differing standards for E2 viability between Consuls and then agin if you adjust and extend in the US.

fatbrit

You're delusional this morning.

The E2 is a crap way to "move" to America, alveit it might be his only method.
The OP has chosen an E2 business that is on the margin of acceptability.
The OP had good advice from the forum.

Folinskyinla

Hi:

What prompted that? If you feel so, you should specify why rather than making a statement like that and proceeding on to something else.

Ray

The London Consulate has many time made it clear in recent times
that buying rental properties was not the sort of thing they would approve for an E-2.. this was particularly true in Florida

fatbrit

Reminds me of McCain last night -- a valiant effort to keep himself away from his history.

This thread:
Guy asks if business is suitable for E2
Posters reply it is not.
You reveal some obscure case where it might run with him landlocked and hanging here by a thread and a large lawyer's bill.
You are called on it.
You wonder off into la-la land.

Fact:
The E2 visa is the visa of last resort.
The OP's prospective business is very iffy and ill advised.