Giving Me Hard Time to Get E-2 Visa

[Fatbrit]

Originally Posted by business man

Fatbrit, My business plan was professionaly prepared (what we will do in 2008 and 2009, How many more locations we are going to open, how many more employees we're going to hire, etc.). Everything they asked was given to them.
I just wonder if they care I lose money right now or not. Don't they know that I am the only owner of that business and it is still running for months by employess. We're getting into busy season (Christmas). I have to be there or I will have to file a bankrupcy.
I don't know if this will help you all, but I currently have 4 locations in different malls...these are kiosk business. Do you think this might also be the reason they are giving me hard time?

The answer to your question is that they do not care. And there's not much you can do about it since you have no real judicial remedies.

Are the mall leases monthly or longer term? The latter would be better. Also, are the employees waged, wage plus commission or self-employed? Again, the latter -- although the wage + commission is possibly acceptable provided the wage meets at least the minimum.

[YaGatDatRite]

As has been suggested in previous posts, this appears to be simply a case of USCIS sitting on its fat lazy ass and dragging things merrily along. What does your lawyer think of this inordinate delay? Be aware that investor petitions DO take longer than normal. how much longer -- take a wild guess. Everything is doubly delayed these days, and with all the provisions they have post 911 , you be lucky they're moving on this one at all

That said, one last resort might be to get your US lawyer sue USCIS in federal court -- basically a circuit court that has jurisdiction over your district. Once their collective behinds are a target, they do get up and do things in a hurry.

[Fatbrit]

Originally Posted by YaGatDatRite

As has been suggested in previous posts, this appears to be simply a case of USCIS sitting on its fat lazy ass and dragging things merrily along. What does your lawyer think of this inordinate delay? Be aware that investor petitions DO take longer than normal. how much longer -- take a wild guess. Everything is doubly delayed these days, and with all the provisions they have post 911 , you be lucky they're moving on this one at all

That said, one last resort might be to get your US lawyer sue USCIS in federal court -- basically a circuit court that has jurisdiction over your district. Once their collective behinds are a target, they do get up and do things in a hurry.

Whilst USCIS (under DHS) would have adjudicated his initial change of status to E2, his current petition will be adjudicated by the consular section of DOS. Strange, I know.

Don't know whether the a US District Court would have jurisdiction for a writ of mandamus filed by an E2 petitioner living outside the US. There are few legal avenues of redress open for applicants for non-immigrant visas outside the US.

Perhaps the initial stage would be try the Senator where his businesses are located or he was last resident. All senators have staff who deal solely with immigration issues.

[YaGatDatRite]

Yes, fatbrit, that is what it is -- writ of mandamus petition.

But you're right, if he's living outside the US and can't get back in, he isn't a US permanent resident. So no chance of suing them. Didn't realize that.

But there have been successful cases (we know one such person) that went to court against USCIS. That guy was however a Green card holder and was trying to become US citizen and then sponsor his family in his home country.

[YaGatDatRite]

On second thoughts, is he even allowed to run a business on a student visa or some such thing?? Ain't that illegal?

Should be a US citizen or resident alien to open a business, I would imagine.

[Tiffani]

Anyone with work authorisation from the USCIS is eligible to open and run a business, so you don't have to be a US citizen or PR necessarily, except that proving ties to the home country for your visa application could prove difficult if you've got a thriving business in the US. With that said, I know someone who was on a J-2 visa with work authorisation, started several business, and eventually switched over to an investor visa because she's single-handedly keeping this part of town alive economically while her husband does his Postdoc.

F-1 students do have work authorisation but it is restricted to no more than 20 hours per week on-campus during the semester and 40 hours/week on-campus during breaks (exceptions: Optional Practical Training and Curricular Practical Training). In both cases of the exceptions, the work performed has to be commensurate with the level and field of study undertaken. So unless his degree requires opening and running a successful business as part of his CPT/OPT, he's most likely violated his F-1 status. Which the State Department is not going to smile on (go figure).

Of course, if he opened the business whilst in another status than F-1 (including F-1 OPT which a lot of students think is different but is still F-1), the situation may be different.

[Fatbrit]

Originally Posted by YaGatDatRite

On second thoughts, is he even allowed to run a business on a student visa or some such thing?? Ain't that illegal?

Should be a US citizen or resident alien to open a business, I would imagine.

He changed status to an E2 -- which does allow him to run a business. However, this may also be his downfall since some consulates don't seem to like you using this method.

[Tiffani]

Two more comments as I just read through this thread properly:

Being from Turkey is unlikely to be an impediment. Turkey is friendly toward the US and (as far as I know) is not listed on the countries of "special interest", nor do Turkish citizens have to enter under "special registration" like citizens of some other countries. As Fatbrit said, the USCIS has his files so if, as an individual, he were considered a threat, that would've been decided long ago.

Re: applying for F-1 renewals in Canada vs the home country. This is extremely common among F-1 students and in many cases they are successful. The caveat is that if they are denied the visa in Canada, they have to go home to apply again and are not eligible to re-enter the US on the expired visa (unless they lie at the Port and do it anyway, but that's very very illegal). Most of the time students want to keep their F-1 visa updated just in case they have to travel abroad, but don't always want to go all the way back home to do it. the Embassies in Canada don't seem to have a problem with this, so far. Remember, the F-1 I-20 is what determines the legal length of stay for an F-1 student, not the expiration date of the visa stamp itself. Likewise, the I-94 will say F-1 D/S (duration of status) instead of giving a hard and fast end date by which they have to leave the country. So the visa stamp is only necessary for admission into the US, not to remain legally as an F-1 visa holder.

[synthia]

There is another complaint about the consulate in Turkey in this forum. Unfortunately, all you can do is keep replying to their requests.

[business man]

First of all, I thank all of your for helping me about this issue...

I do not have a green card. After I graduated from college, I had 1 year work permistion (OPT). Within 1 year, I decided to open my own business.

To be honest with you, I really have no idea why they are giving me hard time on this. To me, it seems like they are very busy. I just called them a few minutes ago, but the operator was so rude to me that he didn't even talk to me (he just transfered me somewhere and nobody answered my call). I tried to call them 4 times today, no answer at all!

All the contracts I have are 1-year contracts. I pay the employees hourly. I proved them how much they get paid hourly and how much money they make monthly and yearly.

Again, I thank all of you! I read everything carefully and analysis what you say...