Do I qualify for investment visa in USA while I already have 5 years multiple visitor visa & currently I am in USA?

Asked 10 months ago - Phoenix, AZ

I am currently in USA on my B2 visa. I have I-94 up to Jan,2014. So If I apply for change of Status from B2 to Investment Visa & it may takes 6 to 9 months for approval or denial so either I need to go back to my home country before Jan,2014?
Secondly, if my Investment visa application refused than wither my B2 visa remains valid or void?

Attorney answers (2)

  1. Neil F. Lewis

    Pro

    Contributor Level 14
    Best Answer
    chosen by asker

    Answered . ideally what you want to do is to identify your investment, set up your US Corp., counsel with a lawyer you trust in Phoenix regarding the immigration process, and then file for your change of status in the US. A competent and experienced immigration lawyer will be able to give you a reasonable expectation of your chance of success in the case. You may file for change of status in the US so long as you apply prior to January 2014. You may then remain in the US waiting for an answer.

    Depending on your country (PLEASE do not be from the UK) a possibly exist you can take your application to the Embassy abroad to get your visa. For some countries this is easier to do that applying for change of status.

    I say do not be from the UK because the US Embassy in UK has arcane and awful procedures that take forever and would hurt a business investors chances at a successful investment.

    I am a pretty smart guy, but I do not know everything. My answers here come from the knowledge I carry around in... more
  2. Kevin Lawrence Dixler

    Pro

    Contributor Level 20

    Answered . I agree with Mr. Lewis. If your investor visa application is denied, then it is likely that you will be deemed to be an overstay. This can complicate your right to use the B2 visa in the future. The overstay, if the visa is denied, may become an issue when applying for a B-2 renewal.

    An investor visa requires more than money, but the proper investment that qualifies as a matter of visa law. The documentation process of proving that the investment is appropriate has led some to work with approved investor programs that pool investments. Even these programs usually benefit from the assistance of a competent and experienced immigration attorney. Good luck.

    This is general information, not legal advice, and does not create an attorney client relationship.

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