DavidLemon

Yup i was wrong on the UCSIS comment my bad, but the rest i think you are just griping for the sake of it. The end shot is that the OP was not performing COS as i stated, but was making an application from scratch. The reason because they were not in a status that they could COS from.

Im not denying that WB or WT are not immigration statuses, im stating that they are not statuses that one can COS from. Hence my comment that i maybe should have added the "from an immigration stand point" however you neglected to keep that part in the quote. At the end of the day, you can not COS from WT or WB, and the OP was in the US stamped as either of the two (assuming it is WT) and thus was not in a status that they could COS from. That was my point in the beginning and it is still my point now, and as i said in my last post i will endeavor to add a little more clarity to future posts so that pointless conversations like this do not have to happen.

Michael

If he is already on an E2 visa, the investment should have already have been done. If that hasn't been done and he hasn't employed the required number of employees, he will have a difficult time renewing his visa.

As far as whether he has to prove that he has enough money to support you (either money in the bank or current income), only an immigration lawyer can tell you that.

Since it is unknown from your posts as to whether his business is producing an adequate source of income, that could be why the immigration lawyer may have started talking about the need for more funding. However since you stated that the lawyer was going to process a "change of status" for you, the requirement should be the same whether applying for an derivative E2 visa or "change of status" so if we assume that a "change of status" was possible, then applying for the visa should have the same probability.

So it is confusing why your lawyer was trying to have you apply for a B2 visa instead of a derivative E2 visa.

DavidLemon

Because you said W-2 (since edited) you may have noted the emoticon, it was an attempt to lighten the mood.

jeffreyhy

Ah, right - I did make a typing error that I subsequently corrected. You caught me totally flat-footed on that one.

Regards, JEff

jxv73

The new visa they are talking about in CIR (the temporary visa for farm and non professional workers) is the W visa. One would assume there would be some form of W-2. That wouldn't be confusing at all.

crg

I doubt it. It is so rare for a VWP applicant to be allowed to withdraw at an airport that it isn't even worth giving it a mention and when a VWP traveler is sent back from a landborder with their ability to try the VWP again that isn't really a withdraw of application either, but simply "hey, go back".

Technically, a VWP applicant is supposed to either be admitted for 90 days unless being readmitted for the remainder of a prior trip of be limited to a passport expiring in less than 90 days or refused. There is not supposed to be a withdraw of application. When someone withdraws, they are doing so in lieu of removal proceedings before a judge or an immigration officer. A VWP traveler has already waived their right to contest their admissibility before either arbiter so there is nothing for the person to withdraw from.

Perhaps the OP's ESTA was revoked due to the visa denial and she managed to arrive at the port of entry with a denied ESTA. That is a good way to get refused under the VWP.

raf rose

his business is producing adequate income and its doing good, but the lawyer is still advising to apply for the B2 again and for that i am bit hesitant cuz what if that get refused again..

civilservant

It almost certainly will be refused again. Get rid of this lawyer immediately.

jeffreyhy

What additional information is the lawyer suggesting you add to the application to make it approvable? If you simply submit the same information that you submitted last time, you'll get the same result as last time. You'll have wasted the application fee again. Regards, JEff

jxv73

I'm not sure why the lawyer insists on the B-2 visa. However, a B-2 instead of an E2 is actually possible. See the following link http://travel.state.gov/visa/laws/te...rams_1414.html

B-2 classification may also be accorded to a spouse or child who qualifies for derivative status (other than derivative A or G status) but for whom it may be inconvenient or impossible to apply for the proper H-4, L-2, F-2 or other derivative visa. If such individuals plan to stay in the U.S. for more than six months, they should be advised to ask USCIS for a one-year stay at the time they apply for admission. If needed, they may thereafter apply for extensions of stay, in increments of up to six months, for the duration of the principal alien''s nonimmigrant status in the U.S.

jeffreyhy

I wonder how a person could ask USCIS at the time they apply for admission?

A good example of how web creators can cause more confusion than they resolve.

Regards, JEff

DavidLemon

My only advice is to get a second opinion from another immigration lawyer. Present the facts to them and see what they say.

This link does go on to say that the applicant must satisfy the other criteria normally attributed to said visa, such as non-immigrant intent.

7. As in any B visa case, the accompanying partner must still establish that he/she has a residence abroad that the alien does not intend to abandon.

I fail to see how this is easy to achieve if her husband is in the US on E-2. Whilst her husbands investment is still successful and able to be renewed based on its own merit, one would assume that he is not intending on just abandoning said investment. Therefore making it rather difficult for the applicant to satisfy the above criteria. (Note i said rather difficult and not impossible)
I can only assume that this was the reason the original application was denied. OP does state that they are not sure where they are going to live, so this does imply that there is a chance it is on US soil, and that is exactly what is trying to be avoided upon issuance of the visa, as there has to be NO Immigrant intent. Raf Rose does also state that the intent for the visa was for visiting purposes, and as it stands based on her recent denial of esta (and possible ineligibility of ever using it again) the B-2 sounds like it is the only possible visa for her to visit the US as a tourist, however seeing as the conditions on which the original denial was based may not have changed, one can only assume that another denial may be forth coming.

I therefore defer back to the opening line of this post. Seek a second opinion from another immigration lawyer. They may see things differently, and may point you in a different direction, hopefully one that results in success.

jxv73

Yes. Although this B-2 is possible, that doesn't mean it's easy or that it is a good idea.

Michael

And there are so many if's that are included that I suspect that a lawyer would be needed to accompany the applicant or at minimum the applicant have a well defined document to explain why the applicant is not applying for a derivative visa. Normally in the case when someone applies for a B2 cohabitating visa, the reason for the need for that visa is obvious since they are unmarried and therefore the applicant is not allowed a derivative visa and the B2 cohabitating visa is the only option. In the case of the OP, no one seems to know why (including the OP and the interviewing officer) a derivative visa is not being applied for except for the immigration lawyer.

If the immigration lawyer was expecting the OP to apply for a B2 cohabitating visa and not a standard B2 visa, I would have thought that he would have told her since a standard B2 visa would most likely be denied. But since she would have been applying for a B2 cohabitating visa, the first thing the interviewing officer would likely ask is why she is applying for that visa instead of a derivative E2 visa and she doesn't know.

Michael

Without any new information, you could apply 100 times for a B2 visa and the results will always be the same. In fact since you were previously denied a B2 visa and you were denied entry at the border, the chances of approval becomes less and less each time you apply unless you can provide new information as to why it should be granted.