I have 2 previous E-2 visa denials. I'm considering an F-1 visa. How should I approach the visa interview?

Asked 11 months ago - Miami, FL

Over the past 6 months, I've tried for an E-2 visa twice and was denied both times. Subsequently, I made the decision to return to school but I'm concerned that the E-2 denials would make my F-1 visa application seem desperate.

I'm under the impression that as long as I do not officially/legally close down my business which I applied for me E-2 visa with and provide documentation to back that up, there will be a heavy suspicion that I would be working illegally while under the pretext of being back in school. I do not wish to close down my business as I hope to keep running it AFTER my second degree, and my idea is to provide an employment contract for an operating manager which would clearly state that I would remain a passive owner and not be involved in operations.

Is that feasible?

Attorney answers (6)

  1. Alexander Joseph Segal

    Contributor Level 20

    6

    Lawyers agree

    Answered . By hiring an immigration attorney and having a consultation.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
  2. Giacomo Jacques Behar

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . To avoid you a huge exercise in futility based on your facts, I would strongly recommend that you look for another country to immigrate aside from the US. You seem to have, alas, burned most of your bridges with the "gate keepers" (consular officers) already.. It is highly improbable they will agree to issue you an F-1 after two E-2 refusals.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be... more
  3. Stephen D. Berman

    Contributor Level 20

    4

    Lawyers agree

    Answered . It's feasible, but the issue will remain whether your application is credible.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an... more
  4. Alexander M. Ivakhnenko

    Contributor Level 20

    4

    Lawyers agree

    Answered . Facts, as relayed by you strongly indicate a future denial even if everything submitted correctly the third time for a simple, and easily understood rationale: you have created a documented evidence of improper submissions which will not be cured by the third, no matter how flawless it may appear. That is, of course, my personal opinion and you may pursue that venue further with a willing counsel.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general... more
  5. Alexus Paul Sham

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . It does not sound like a good idea. Given your 2 denials, it would be best to hire an immigration attorney to evaluate your options.

    Alexus P. Sham alexuspshamesq@gmail.com (917) 498-9009. The above information is only general in nature and does... more
  6. Shahzad Ahmed

    Contributor Level 14

    2

    Lawyers agree

    Answered . Hello. What was the reason for the E-2 denials?

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