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Can I start a new corporation under my existing visa and start a new business? Can I add my daughter onto a visa?

Punta Gorda, FL |
Filed under: US visas

I am on an E-2 visa and brought a business that turned out not to be profitable so I decided to declared myself personally bankrupt .I had a promissory note with the previous owner which I did not pay So I have been advised not to trade under my existing corporation as the creditor may have a claim to any profits.
I want to start a new business but need a new corporation to do so.
My daughter was on my visa but now she has turned 21 she needs her own visa, she is studying here. if she gets an F1 visa she will have to return to the uk for it and this may cause problems for her returning to Florida.

Attorney Answers 4

Posted

No, you may not start a new business under the existing visa. Your visa was issued based upon the business with which you applied.

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Posted

You have a very good situation. The issue is that given the "substantive change" in your business, you and your daughter need to maintain your status. E-2 visa regulations are very specific about this situation. Generally, when there is a substantive change of your E-2 business, you have to file a new I-129 and maybe even a new visa. First, I would try to see if your and your daughter's status may be changed/extended. As a last resort, I would file for a new visa. Best regards,

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Posted

If your question whether your bankruptcy would be an issue on your E visa extension, the answer is not likely. The rest of your questions cannot be answered on AVVO for obvious reasons. You are asking for a consultation. That, cannot be accommodated on AVVO. You will need to consult with a sound mind and body life immigration attorney for that, not an online blog. To the extent your question about daughter is general, she can seek change of status from E to F, provided she is still in a valid E status.

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Posted

Timing is important here. Your E-2 status is based upon the viability of the investment enterprise. If the business is sold, closed, or becomes inactive, then technically you can become "out of status" regardless of the expiration date on your Form I-94. A few different options may be available. I would highly suggest that you consult an immigration attorney. I live right down the road from you in North Port, FL and would be glad to help you. Please call my office (941) 456-1904 on Monday. Best wishes!

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