Cat86

Hey everybody,

So i am trying to get an E2 Visa to go out to the US and work for a brand new company that my brother has setup out there. He and his wife got their treaty investor visa straight away and then my dad also got his E2 visa first time.
Mine was denied as they said I didn't have enough experience or skills- this was due to total misrepresentation and I have reapplied with much more detail about the managerial role I'm going out to do as well as my skill set and experience. All very valid.
However, had the interview today and the lady officer explained that as I have been denied previously she needs to discuss with the original officer that denied it first time round. He wasn't in today so I now have to wait to hear from them on Monday!? (Its Friday today) So annoying!
Im wondering how influential the first officer will be and what the chances are that this will now be granted? Also if anybody else has had this before?
The documents I turned in this time are VERY specific compared to the first lot that was turned in- after re reading what i went with the first time, it did make the role like a simple admin type, and its NOT.
Any advice or experience tales would be appreciated!
Thank you

Noorah101

It's really impossible to predict. It could go either way.

Rene

celticgrid

Did the first officer, who denied you, offer encouragement to tweak things and reapply? if so, perhaps good news. If not, then...

You dealt with the first officer. How did you feel that went? Did they seem sympathetic?

Cat86

Hi,

Thanks for getting back.
He had me at the window for nearly 15mins and disappeared twice and kept asking tonnes of questions so in hindsight- think he was trying to get me to say things that weren't in the documentation.
He never really said anything about tweaks however. Could it maybe be a curtesy thing that they like to check with each other if somebody denied a visa?

Thanks

civilservant

Personally I think that having to check with another Officer (which sounds like checking why they denied the first application) is likely to result in another denial.... hopefully you'll get a positive answer though.

Noorah101

Could be, but no way of knowing in advance.

Rene

ian-mstm

So, you misrepresented yourself and the visa was denied? Wow! Who could have foreseen that?


I'm not surprised, considering you misrepresented yourself the first time. She probably wants to verify that you're not misrepresenting yourself this time also.


Perhaps - but it sounds as though this is the direct result of your own actions.


There's no way to know. You apparently misrepresented yourself once and they're going to attempt to determine if you're doing it again!

Ian

Cat86

Ian,

i was under the impression that these forums were for people to seek advice and confirmation that throughout this process what they were doing was correct.
To be so sarcastic and unhelpful is disrespectful and un-necessary.

I cannot possibly be the first person that has been in this or a similar situation, and has genuine worries and concerns because its all new and unknown. Your comments were in appropriate.

civilservant

You asked for advice. You didn't like what you received. That isn't really Ians problem now is it? You don't get to determine HOW people respond. What was the reason actually given to you for the previous refusal? That you had made a misrepresentation?

Far from being unhelpful, Ian is pointing out how you messed up the first time - perhaps others will see this and avoid making your mistakes.

sir_eccles

If I may summarize Ian's post - Misrepresentation is a very serious issue.

Do you have an immigration attorney assisting you, if not maybe find one.

ian-mstm

I get that a lot... I don't much care! It's not my job to make you feel good about yourself. Everyone here said the same thing - there's no way to know what will happen with your second visa application. I simply took the extra step and noted that you are wholly to blame for the situation in which you now find yourself.

Ian

Rete

Curious as I don't know anything or much about the E2 except for what I've read.

"The E-2 Investor Visa allows an individual to enter and work inside of the United States based on an investment he or she will be controlling, while inside the United States. This visa must generally be renewed every two years, but there is no limit to how many times one can renew. The investment must be "substantial.""

So does this mean that the OP must have money to invest in her brother's business in order to get an E2? How can she and her father just apply for an investor's visa without investing and can you invest in a business that was already granted an E2 for the original owner? Would their visas really be E2 or another form of work visa? Can they 'hire' foreign workers in lieu of American workers or do they need to employee both American and foreign employees.

It would appear to my eyes and since I am far from knowledgeable that this family is using the original E2 as a means to get the family visas to the US. Could the US Consulate be thinking the same?

Nutmegger

There are two variations on the E2 -- the more familiar investor visa and also the employee visa that permits a firm doing business in the US to bring over an essential employee of their own nationality. For instance, the employee visa might help a British auto company to bring over a British expert on their cars.

Rete

Thanks, NM. I googled but all it would come up with is the E2 Investor Visa.

Eric S

Judging from the context of the message, maybe the OP meant to say "misunderstanding" instead of "misrepresentation"...?

- Eric S.