07-01-2011

Hi there... Can anyone please assist me with this issue?

I'm British. I applied in California in November of last year, for an E-2 Visa on the basis that I had researched the requirements, I could show funding and had previously applied for and been successfully granted H-1 & O-1 Visa's. I've never had any problems with US Visa's and I've never before experienced the kinds of problems that I am now.

The Attorney who I chose to have represent my case, said to me "Yes", based upon my Business Concept, Track record, my Qualifications & Experience and my Funding... "If you apply for this Visa you should have no problems in having it approved."

In advance of applying he advised me to set up my proposed Business... to get it going and to produce a Business Plan. I was concerned about taking this action prior to actually getting a Visa but he explained that this was a very good approach in that I would be able to show & document spending and the legitimacy of the business... all good for my case. OK... I thought, the guy seems to know what he's talking about. Having checked out my Attorney for his legitimacy... he seemed OK... I went ahead with the plan.

Whilst in the States I set about creating my New Business, the Business Plan, working upon the logistics required, creating the contacts that I didn't already have, spending numerous thousands of dollars upon computers and infrastructure and working upon my product range. Designs, Patent Protection, Trademarks, Engineering, Manufacturing Partners...

The Visa was submitted to the USCIS by my attorney, to the best of my knowledge, in November 2010. I was in the States and working upon my company through to March 30th 2011, by which time, my attorney had assured me I would have my new Visa.

He then told me it would be a few further weeks, as it had already been "Approved" at his end. That time limit came and went and he told me a month or two, which also came and went. It's now three months since I left the States and a total of 8 months since we applied for the Visa.

My New Business is on its knees. My US Partners have found other things to do, the momentum and the money... (A lot of it !! My life's savings) It all seems to be in great peril right now. This whole exercise, if not yet... soon... could ruin me.

My attorney, who rarely responds to my E-mails and who will not take my calls, just keeps fobbing me off. In desperation, I enquired with a friend who works with the US Customs service. She told me that this type of Visa was out of her juristiction but that she could enquire at least about processing times. It seems that I should have had at least a Visa Case Number within two to four weeks of submission.

Well... In the past week, after hounding my attorney with E-mails and Calls, he has now finally told me that, at this point..... I DO NOT YET HAVE A VISA CASE NUMBER !!!

His response... "As of today your case has not reached the National Visa Center for a visa case number to be issued. Once it does, you will have a number which you can check with by dialing the National Visa Hot-line. I am working diligently to resolve your case as I am aware it has taken too long of the process to complete. I have made repeated attempts to get them move your case to National Visa Center." He goes on to mention "some sort of an issue that requires immediate attention". I am not aware of ANY issue and he is not forthcoming with any information.

All in all, I have a sinking feeling. Either my Attorney is Lying to me, being Negligent, or, as he suggests... the US Immigration service are just so backlogged that my case is being used as someone's "Footwarmer". I don't know where to go from here and I can't do business with my new company because all of my valuable equipment is in the United States.... and costing me money as we speak !!!

Can anybody out there please advise me as to what I can do to fix this situation ????

Many Thanks...

This is just a spot to introduce yourself.

You really want to be posting your visa questions in the US visa and immigration portion of the website.

Good luck and welcome to BE.

Hi Carrera88...welcome to BE.

I've moved your thread over to the US Immigration Forum...no doubt there will be someone around soon to answer your questions. Good luck.

While creating the business is allowed, you can't actually work for the business until your visa is approved... which, from what you've written, appears to be exactly what you've been doing.


You probably should have listened to yourself. It was good advice.


Most attorneys are legitimate, but that doesn't mean that they know what they're doing. The long-time members of the forum have seen this time and time again - unfortunately!


Oh dear... this is never good news!


I suggest you hire a new attorney, have the new guy get all the records from the old guy (let the new guy do this... don't do it yourself), and then help you to sort it out. After it's sorted out, report the old guy to his local bar association.

Ian

Was the attorney filing for a change of status for you? Which part of an E-2 visa application goes to the NVC?

s you are out of the US it is not a change of status.

It would go through the London Consulate.

The general advice is that you have to show commitment of funds and investment is conditional, subject to the issue of the Visa.

Looks like he has been sitting on it, done nothing.

Thankyou very much for your responses.