I understand your frustration. A normal E-2 does not take 2 years. In fact, it does not need prior USCIS approval. The E-2 petition is sent directly to the U.S. Consulate of the country that will be processing the E-2. Once submitted, it takes only 1 to 3 months usually. Let me know if you would like further information.
Brian D. Lerner
Attorney at Law
Has your family found the organization where the investment will be made? Have you received any USCIS filing receipts? Has your daughter already entered the U.S. as a conditional resident based upon the investment? Has the attorney outsourced or prepared an overview of the investment to prove that the funds are at risk and that the investment fulfills the investor visa requirements? Has the attorney provided any sort of invoice or demonstrated that meaningful work has been done?
Investor visas can have pitfalls. It is important for the investment to be one where funds are at risk, among other factors. Other factors must be demonstrated. The work is seductive because many hours can be undertaken for a clien, but they must be efficient. Otherwise, a less experienced attorney may find that this was a lot more work than anticipated.
Yes, two years seems too long to wait for an attorney to file an investor visa petition. I wonder whether she qualifies for an investor visa at this point.
This is general information and does not create an attorney-client relationship.
In addition to the information supplied in the previous response, it may be helpful to remind you that your current immigration attorney should be able to answer all of your questions about why the Treaty Investor visa application initially was planned for your daughter but then changed for your son-in-law; why preparation of the case is taking an extraordinarily long time; what steps will take place next; etc.
Proper preparation of an E2 visa application can be fairly straightforward when all elements of eligibility are fully and clearly documented, but can be particularly complex when that is not the case. For example, in some instances an "audit trail" type of demonstration of the legitimate sources of the invested funds can be difficult; in other instances proof of the venture's ability to generate more than a minimal living for the investor can be the hardest part. Your attorney should be able to clearly explain the nature of the problems that are delaying the completion of the case and the steps necessary to overcome those problems.
In light of the extraordinary delay, the costs to date, your need to resort to Avvo.com for information and your readiness to engage another attorney, I strongly recommend that you (or your daughter/son-in-law) schedule a conference with the lawyer, or, if practicable, schedule a face-to-face meeting. Of course, if your attorney is unable to provide clear answers to your questions, you might need to consider engaging another immigration attorney.
[Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]
David N. Soloway
Frazier, Soloway & Poorak, P.C.
1800 Century Place, Suite 100
Atlanta, Georgia 30345 www.fspklaw.com
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