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Possibility of an E2 dependent? Under 21, previously denied E2 visa history. Denied because of intending immigrant reason.

Denver, CO |

I was wondering what are my chances at an E2 dependent visa? I am younger than 21. Our family has suffered through 3 E2 visa denials at the us embassy, and my mother who still had a b visa from 10 years ago decided to return to take care of our home and family. Recently she got an e2 status change approval as a general manager. We were denied 2 times because of marginality. And the third time because we were intending immigrants. My father plans on staying in korea. How will the us embassy think of this situation? Is getting a E2 dependent hard with previous denials? I know avvo can't give long advices, but i would just like to know, if they do deny the e2 dependent, what will they deny it on? I'm not running the business, so is it safe to assume that the e2 dependent is granteed?

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Attorney answers 3

Posted

The previous intending immigrant finding may require you to apply for and win a waiver in any future non-immigrant or immigrant visa application.

JP Sarmiento
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Posted

Don't worry. If mother has been granted an E-2 by either USCIS or the Seoul consulate, by law they have to give you a dependent's E-2 visa, but only for the time you have left until you attain age 21. Past denials should not count. CBP at the airport will give you 24 months, no matter how long the consular visa will be for and no matter when you attain age 21. They never look at that, even though they should.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

Posted

I agree with Mr. Behar. He is quite correct.

NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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