E-2 couple, Wells, Maine, refused extension of visa

[blueharborhouse]

Just read in the portland Press Herald of a couple who have been in Maine for 9 years running a restaurant, who have been recently refused an extension by USCIS. They have 30 days to leave the country.
Hope I can post the link correctly...http://pressherald.mainetoday.com/story.php?id=276015&ac=PHnws
Hopefully the publicity will help them to have a positive outcome. I really hope so.

[kirtida8]

Wow - how disheartening for them. I wish them luck in trying to get a successful appeal although I am a little confused as to they have been here for 9 years, when according to the article ( and we know journalists can get the facts wrong) it says they got an initial 5 year visa then a 2 year extension? Then there is the comment that the figures that USCIA denied them on differ from the ones submitted?????

[InnVic]

I spoke to Dean a few days ago - they got initial 5 years then two, two year extensions. They heard about 10 days agao that the application for extension had been denied and they have about 20 days left till they are expected to leave the country. If anyone has any suggestions or can offer help then please try and contact them (I told Dean about this forum but I think hes so devastated that he may not have got round to checking it out) Their restaurant is Lauras Kitchen in Wells Maine google for info. They sound such nice people this shouldn't happen - just think there but for the grace of God etc...

[chris]

USCIS are usually the more lenient of the 2 departments in extensions of status. However, perhaps they should take heart from the fact that Obama has said that Immigration Reform will come next year. He has made it very clear that there will be some form of an amnesty for illegals. Perhaps their salvation may lie in becoming illegal, then getting the amnesty. It has happened before.

[JulieC]

They can stay up to 183 days without getting a bar. This 30 days is pie in the sky. We overstayed 180 days getting our affairs in order having been denied L1 extension and then went on to get E2.

[britcan]

now if they were hispanics they would still be allowed tostay-doube friggin standards!!! They should get the local media involved and all of the towns people to sign a petition.......

[InnVic]

They can stay up to 183 days without getting a bar. This 30 days is pie in the sky. We overstayed 180 days getting our affairs in order having been denied L1 extension and then went on to get E2.

they are not just going to be 'overstayers" they have a deportation notice.

[McSporran]

now if they were hispanics they would still be allowed tostay-doube friggin standards!!! They should get the local media involved and all of the towns people to sign a petition.......

and then what?...sorry Britcan, but I dont see how this will help at all.

I feel for them, and hope they can find a legal way out of this...as someone has suggested, speaking to a well qualified legal professional (I dont think an appeal with help them in the long run, but at least filing one will buy them some time) to build and submit (asap) a case to London, I believe London are pretty quick processing right now??

[InnVic]

and then what?...sorry Britcan, but I dont see how this will help at all.

??

it helped the people in Colebrook NH http://www.nytimes.com/2009/06/01/us/01land.html

[chris]

There is no such thing as bad publicity.
The US needs all the jobs it can get and keep for USC's. If the Restaurant was providing that and now some USC's are going to be on the dole queue because of some jobsworth it is definitely worth exploiting to the fullest through the media.
Yes they do need to get professional advice, but they can also do one of two things. Accept it and leave or if they believe in their business and themselves, they fight for it.
I think the problem with Brits is that far too often we just accept the 'rules' and go away quietly, whereas other cultures kick up holy s**t at what they see is a wrong decision.
This is not cricket, this is your livelihood and futures.

[InnVic]

it appears that their attorney did not supply the correct information (alledgedly!) - she has now gone on maternity leave and neither she nor anyone else in the practice is returning telephone calls to either the Franks or the press. There is going to be another article in a East Coast newspaper tomorrow - I'll post link when I get it.

[kirtida8]

it appears that their attorney did not supply the correct information (alledgedly!) - she has now gone on maternity leave and neither she nor anyone else in the practice is returning telephone calls to either the Franks or the press. There is going to be another article in a East Coast newspaper tomorrow - I'll post link when I get it.

If this is true, then they need to file a complaint with the bar association or AILA and get them to step in and get answers or at least compensation for the mistake (alleged). Its amazing what threat of malpractice can achieve - at the very least it will get them to pick up the phone when someone calls!

[JulieC]

they are not just going to be 'overstayers" they have a deportation notice.

Do you know why they were issued with this?? Have known a few people denied extension and this isnt usual.

[InnVic]

I don't think anyone knows - all I know is that they applied for extension sometime earlier this year as their current 1-94 expired JUly. They were told the business is marginal and an extension denied - I'm afraid I don't know details except that profit is down this year (duh!) but they still have employees and are covering their costs. About 10 days ago they received a deportation notice. Maybe the office is just upping the ante and they are the first victims? - I don't know. Maybe Susie could contact them on EPV behalf and any contacts this group has may be able to help.

[InnVic]

Just picked up this piece in a local paper - anyone feel the need to contact/petition then feel free since its now in the public domain.

Laura's Kitchen in hot water

Here's a note of support for a southern Maine business. Wells breakfast and lunch spot Laura's Kitchen is in dire straits and may be forced to close. Owners Laura and Dean Franks came to the United States from Great Britain in 2000, after many vacations in Maine led them to fall in love with the state. Despite having had their work visas accepted and extended three times in the past, this time around their applications were denied by the U.S. Citizenship and Immigration Services. The grounds? Their business wasn't as profitable as it was two years ago. According to an article by the Portland Press Herald's Ann S. Kim and carried in the Bangor Daily News' Aug. 11 edition, the Frankses say that while their profit margins have dropped a little bit in 2009 due to the recession, they are still making money and are able to support themselves. The State Department has nevertheless given the couple 30 days to leave the country. The Frankses are appealing to President Obama, U.S. Sens. Olympia Snowe and Susan Collins and U.S. Rep. Chellie Pingree to reverse the decision; you can write to the politicians or call Laura's Kitchen at 646-4894 to ask how you can help. Or you can stop in the next time you're in York County, and have some tasty English-style sausages and home fries.

[chris]

Having just read the press article, this is what I gleaned as the scenario:

1. They had a 5 year E2 Visa
2. They then had 2 x 2 year extensions, which assumes they were landlocked and extensions were granted by USCIS direct.
3. They are in profit despite the recession.
4. They employ 3 or 4 staff depending on the season.
5. The adjudicating authority (USCIS?) have deemed their business marginal.
6. The financial information that was submitted to USCIS is not what they submitted to their Immigration Attorney.
7. They have denied extension and given the standard 30 days to leave.

If it is USCIS who have made the decision they can request an 'administrative review' of their application. According to USCIS this is to provide USCIS with information they do not have and which will allow them to review the case again in light of fresh information.
Given that the Attorney appears to have sent in the incorrect information and hence the marginality decision it seems to me that the information the couple originally provided to the Attorney should now be submitted to USCIS for the review. How you can call something marginal when they employ people is a nonsense.
They should either grab the reins on their future themselves, get the senior partner in the Attorney firm they used to put matters right or find a fresh attorney and consider suing the first lot.
Learning Point from this: Don't put your trust and your future in the hands of a 3rd party. Ensure you learn and keep abreast with what's being done/not done on your behalf.

[InnVic]

Great post Chris - I've told Dean to check out this site and hopefully he will do what you've suggested.

[InnVic]

http://www.seacoastonline.com/articles/20090812-NEWS-908129977
another article

[twen]

Our thoughts are with the Frank's, this is a devastating situation for them to be in, I hope things turn around for them and soon.

[McSporran]

Having just read the press article, this is what I gleaned as the scenario:

1. They had a 5 year E2 Visa
2. They then had 2 x 2 year extensions, which assumes they were landlocked and extensions were granted by USCIS direct.
3. They are in profit despite the recession.
4. They employ 3 or 4 staff depending on the season.
5. The adjudicating authority (USCIS?) have deemed their business marginal.
6. The financial information that was submitted to USCIS is not what they submitted to their Immigration Attorney.
7. They have denied extension and given the standard 30 days to leave.

If it is USCIS who have made the decision they can request an 'administrative review' of their application. According to USCIS this is to provide USCIS with information they do not have and which will allow them to review the case again in light of fresh information.
Given that the Attorney appears to have sent in the incorrect information and hence the marginality decision it seems to me that the information the couple originally provided to the Attorney should now be submitted to USCIS for the review. How you can call something marginal when they employ people is a nonsense.
They should either grab the reins on their future themselves, get the senior partner in the Attorney firm they used to put matters right or find a fresh attorney and consider suing the first lot.
Learning Point from this: Don't put your trust and your future in the hands of a 3rd party. Ensure you learn and keep abreast with what's being done/not done on your behalf.

Good post Chris.

[kirtida8]

http://www.seacoastonline.com/articles/20090812-NEWS-908129977
another article

great article - but once again They hired a lawyer who they say told them to apply for E2 visas, a visa that would allow them to invest in a business and settle here. And eventually, they say he told them, become U.S. citizens. If this was an immigration attorney - then they really do need to speak to AILA and get them disbarred as they are blatantly telling lies!!:fit:

[Bayfield]

WOW!! The food was great, the atmosphere was brilliant and the waiter was really a funny guy and so polite (maybe because hes British).
I had a broccoli & cheese omelette which was huge (I couldn't finish it all!!) my wife had their home made corned beef hash which she said reminded her of the hash her grandma used to make.
The coffee was great too and he kept coming around as soon as your cup was empty, like he was physic or something.
What a great place, all the time we have lived in Maine and we never been here before but we sure will come back, often.

Sounds like she was doing the cooking and he was doing the front of house.

[InnVic]

Sounds like she was doing the cooking and he was doing the front of house.

and???

[McSporran]

great article - but once again If this was an immigration attorney - then they really do need to speak to AILA and get them disbarred as they are blatantly telling lies!!:fit:

lol - I admire your faith in AILA Kay, but it is rare for an attorney to even be disciplined by the Bar for such things let alone disbarred...AILA are only an organisation that a lawyer pays a fee to be a member of (the cynic in me would say no more credance than paying for membership of the Rotary Club)...in an of itself it has very little power...and I cant see the bar being that interested (based on past cases of blatant mis advice by attorneys)......but here's my point..... thats really not their main problem - I think they'd be better spending their time sorting out their situation than trying to fight an organisation that in the end will (at best) refund their fees...they can do that after.

If they are on here - I wish you all the very best, sounds like you got a raw deal and hope you manage to sort things out.

[Carl]

great article - but once again If this was an immigration attorney - then they really do need to speak to AILA and get them disbarred as they are blatantly telling lies!!:fit:

How does this help them?????????


Carl.

[British Redneck]

I can see this sort of situation in our future, too.

We visited Florida in 1992, like what we saw and decided that this was the place we'd like to be. Our immigration attorney advised us to apply for an E-2 and eventually turn it round to become citizens. We got the first 2 year visa and have since renewed five years at a time. And we also discovered that citizenship would remain a pipedream.

Our business has seriously fallen away in recent months. We sell and service golf cars which are luxuries to most people. Our Visas are up for renewal next year and unless there is a huge turnaround in the economy very soon then we might be recording our second year at a loss. We're marginal by any interpretation of the word.

We are obeying the rules and have substantial funds invested while employing only American citizens as technicians and clerical support. We have more friends than you can shake a big stick at and like to think of ourselves as "community activists" being members of the Chamber of Commerce and other groups.

Life would have been so much easier had we floated into Miami on a raft talking Spanish.

[britcan]

Life would have been so much easier had we floated into Miami on a raft talking Spanish.

You are so right!!!!

[JulieC]

I can see this sort of situation in our future, too.

We visited Florida in 1992, like what we saw and decided that this was the place we'd like to be. Our immigration attorney advised us to apply for an E-2 and eventually turn it round to become citizens. We got the first 2 year visa and have since renewed five years at a time. And we also discovered that citizenship would remain a pipedream.

Our business has seriously fallen away in recent months. We sell and service golf cars which are luxuries to most people. Our Visas are up for renewal next year and unless there is a huge turnaround in the economy very soon then we might be recording our second year at a loss. We're marginal by any interpretation of the word.

We are obeying the rules and have substantial funds invested while employing only American citizens as technicians and clerical support. We have more friends than you can shake a big stick at and like to think of ourselves as "community activists" being members of the Chamber of Commerce and other groups.

Life would have been so much easier had we floated into Miami on a raft talking Spanish.

Had you have done so, you would probably have been given a green card by way of amnesty by now. Or at least would have managed to accumulate a huge fortune by not paying any taxes or car insurance over the years. It is hard not to be bitter. We feel the same.

[InnVic]

Si senor me llamo Consuela y me marido est Juan - yoo gimme grren card now meester....;):rofl::rofl:

[Carl]

Si senor me llamo Consuela y me marido est Juan - yoo gimme grren card now meester....;):rofl::rofl:

hahahahahahahahahahahahahahahaha

[Susie]

This immigration system really does suck ! Not had chance to read the articles but I will do and try and contact the reporters in their support

Can others do the same

[byjove]

poor poor people! My heart breaks at such inhumane treatment of legals. We may all find ourselves in this very situation one day (well E2 holders anyway). It does need to have a higher louder voice than we have. It feels sometimes that we tell people and tell people, but it is not widely understood.

I wish the pwoers that be would do more to fill there quota with illegal entries and leave the legal ones alone!!!!

[Susie]

they are not just going to be 'overstayers" they have a deportation notice.

Just a thought,

If they started a new business and applied for a new say E 2 start up, they would be allowed to stay till a decision, is this an option

[Susie]

poor poor people! My heart breaks at such inhumane treatment of legals. We may all find ourselves in this very situation one day (well E2 holders anyway). It does need to have a higher louder voice than we have. It feels sometimes that we tell people and tell people, but it is not widely understood.

I wish the pwoers that be would do more to fill there quota with illegal entries and leave the legal ones alone!!!!

Hi

It is not just the E 2 people that suffer, I am a green card holder yet still separated from my son. I do know there are other site members with green cards who are also separated from their loved ones

[Susie]

I spoke to Dean a few days ago - they got initial 5 years then two, two year extensions. They heard about 10 days agao that the application for extension had been denied and they have about 20 days left till they are expected to leave the country. If anyone has any suggestions or can offer help then please try and contact them (I told Dean about this forum but I think hes so devastated that he may not have got round to checking it out) Their restaurant is Lauras Kitchen in Wells Maine google for info. They sound such nice people this shouldn't happen - just think there but for the grace of God etc...

I hope all members can send the reporter an e-mail

here is a copy of mine

Dear Ann

Thank you for raising awareness to this broken immigration system


My late husband and I set up a forum to help people so could you please pass on our website to them www.expatsvoice.org


My husband passed away in May 2006 and my son in the UK applied for a visitor visa to come to the funeral. He book an appointment with the American embassy in London and took a letter of support from congressman Dave Weldon, he also took a letter from the funeral home in support of visa. In addition my CPA stated in a letter that the visit was temporary and once affairs completed both he and I (his mother) would return to the UK to settle affairs there

The upshot is he was denied a visa so we had to e-mail pictures of grave plots, caskets inscriptions etc., and he could not attend the internment

How disgusting is that

If you would like a further chat about our nightmare journey to obtain green cards please call me 863 424 xxxx

[Kirstie]

Having just read the press article, this is what I gleaned as the scenario:

1. They had a 5 year E2 Visa
2. They then had 2 x 2 year extensions, which assumes they were landlocked and extensions were granted by USCIS direct.
3. They are in profit despite the recession.
4. They employ 3 or 4 staff depending on the season.
5. The adjudicating authority (USCIS?) have deemed their business marginal.
6. The financial information that was submitted to USCIS is not what they submitted to their Immigration Attorney.
7. They have denied extension and given the standard 30 days to leave.

If it is USCIS who have made the decision they can request an 'administrative review' of their application. According to USCIS this is to provide USCIS with information they do not have and which will allow them to review the case again in light of fresh information.
Given that the Attorney appears to have sent in the incorrect information and hence the marginality decision it seems to me that the information the couple originally provided to the Attorney should now be submitted to USCIS for the review. How you can call something marginal when they employ people is a nonsense.
They should either grab the reins on their future themselves, get the senior partner in the Attorney firm they used to put matters right or find a fresh attorney and consider suing the first lot.
Learning Point from this: Don't put your trust and your future in the hands of a 3rd party. Ensure you learn and keep abreast with what's being done/not done on your behalf.

It's already been said, but ditto - great post Chris. Thanks for the review.

Does anyone have any update on what they're doing? I don't know what, but if there is anything I can do I'd be happy to help.

[InnVic]

Haven't spoken to Dean and laura for a few days but someone sent me this link to a TV news story. http://www.youtube.com/watch?v=__9mqsJ-rTA&feature=channel

[Ed Tha Brit]

update,

I thought I would just look back at this couple's plight as anything to do with E-2 er's concerns me and many others.

They got an extention until September 19, 2009, I could not add the link sorry?

Have a nice Day

Ed Tha Brit

[InnVic]

Update as of today. Dean and Laura have been told that their application for review of their case has been denied. They are trying to find a way to stay until they can sell - any ideas (apart from the obvious overstay!)

[Ed Tha Brit]

Thank you for the update Innvic,

This is so sad, two people who had a dream to run a business together and live and enjoy a place they would call home and a Community which obviously enjoys suporting them, this is why it does not matter what status or wealthy you have become on an E-2 Visa THIS VISA NEEDS CHANGING, if not to help people now but, to clarify so that business people know what the rules are from the getgo before they invest thier money in the future?

We all live by the rules but, we need to know the rules not be told that the rules have changed again in London?:fit::fit:

Have a nice Day

Ed Tha Brit

[davidmartin_uk]

What doesn’t make sense to me is this seems a complete reversal on what has been happening before.

Recent posts have suggested that London are being more lenient, that perhaps profit isn’t as important etc etc.

In the past it has been USCIS that has been much fairer in their interpretations of the guidelines for E2 renewal.

These people are landlocked and were denied by USCIS, not by London.

VERY CONFUSING!!!

Dave

[InnVic]

Its a very sad situation. They were told (as many have been before) that renewal is pretty much a "rubber stamp excercise" - what I still don't understand is why its not? If they do what they agreed to do in the business plan, support themselves, are paying taxes. and employing people (which they are!) then whats the problem? Okay so profit is down this year - who's isn't? Their (ex)attorney misfiled - their new attorney asked for an review - I cannot understand the total lack of compassion from a department that won't even look at the information that had been ommited from the renewal application! Most of us would be prepared to live by the rules IF WE CLEARLY KNEW WHAT THEY ARE and they were applied with some rational and parity. If we are supposed to guess what todays interpretation is then how can anyone be expected to invests and develop a business. Maybe one of the goals for the E2 reform team should be to lobby for the rules/guideline to be re-written in PLAIN ENGLISH, with objective and quantifiable targets so that you know if you comply and if you don't you can at least have time to sell up and leave......how hard can that be?

I met Dean and Laura last month - their initial deportation date was their wedding anniversary - nice touch huh. They were desparate and very anxious to hear if their appeal would be granted. I am deeply saddened by this news...there but for the grace of God....

[dip your toe]

I'm of the opinion that the rules are deliberately set so that they can be open to interpretation by the powers that be. This gives them a wider scope to adjudicate in their favour if they feel an application is marginal or they suspect that something in the application is not quite right. Of course, as Mr. Littlejohn always reminds us, give someone some power and they will always abuse it.

Isn't the real fault in the granting of the application in the first place. If a business is doing the same amount of business or there abouts, as in the original application, especially in a recession, a renewal should be automatic, at least in the first instance.

I haven't coma across anyone who has bought a business and it has started to improve from day one. You first have to sort out the crap that the previous owners have left behind and hasn't told you about , the lies you've been told etc. and then impose your own standards. It is unlikely this can be done in two years.

Yet, we still have visa consultants/attornies bragging how they got marginal new applications through. Christ, if it's marginal to begin with there's a good chance it will be marginal for the first renewal and denied. IMHO these people are as guilty of leading people into blind alleys as the adjudicators of the original application.

[InnVic]

excellent post DYT:clap::clap::clap:

[Ed Tha Brit]

Well said DYT,

And I agree with you Innvic, there should be some updates on the rules or at least have it the same for everybody before they invest into the USA and not "what day is it today, lets do this today"?

Have a nice Day
Ed Tha Brit

[Sharon]

Well said DYT,

And I agree with you Innvic, there should be some updates on the rules or at least have it the same for everybody before they invest into the USA and not "what day is it today, lets do this today"?

Have a nice Day
Ed Tha Brit


I agree with you both but in some ways I feel that the powers that be do not want to keep us updated after all they are related to god !

[byjove]

What has happened with this poor couple any news?

[Ray10]

http://www.seacoastonline.com/articles/20091112-NEWS-911120342

[davidmartin_uk]

What’s even more ridiculous is that with the totally pathetic ‘boy in the balloon’ family the Japanese wife has done a deal and is being allowed to plead guilty to a lesser offense so she wont loose her immigration status (being convicted of a serious crime)

So they can be flexible when they want!!!

Dave

[InnVic]

That is so sad news......

[Ed Tha Brit]

http://www.seacoastonline.com/articles/20091112-NEWS-911120342

Thank you for the update Ray,

It is so sad

[byjove]

its terrible! Just terrible!

[bobinalbuquerque]

This is a sad situation yet illustrates why it is so necessary to campaign for E2 reform.Without knowing the full facts that surround their plight it is difficult to know whether at some earlier stage a different strategy might have been beneficial.

The political awareness battle does at-least get a slight nudge in these situations for I remember how the Franks' did involve both their congressman & senator.Fortunately E2 awareness is on the rise with our Washington friends albeit slowly but more importantly with positive stories.

[InnVic]

This is a sad situation yet illustrates why it is so necessary to campaign for E2 reform.Without knowing the full facts that surround their plight it is difficult to know whether at some earlier stage a different strategy might have been beneficial.

The political awareness battle does at-least get a slight nudge in these situations for I remember how the Franks' did involve both their congressman & senator.Fortunately E2 awareness is on the rise with our Washington friends albeit slowly but more importantly with positive stories.

While I agree to a certain extent the reform program that is currently proposed only seesm to adress "additional" benefits (right to green card and subsequent security for children) and I do not disagree that these points need to be looked at. And whether the politicians do or don't agree to make radical changes to allow change to permanant residence from this temporary resdience visa - they really must urgently address the ambiguity of the current criteria. By setting specific CLEAR data/figures/targets etc. would prevent people from finding themselves in this situation. How can you know at what point they are gonna label you marginal and deport you without this knowledge?

[charliesmum]

Innvic - my opinion is that they will never set clear targets, as then everyone would work towards them. Say you had to buy a business that was worth $200,000, then people would be massively overselling businesses just to E2 people, whether they were worth that or not.

I actually spoke to the people in Maine yesterday and am going to e-mail them with the contacts of people who have recently been to Mexico and other places, but Dean said to me that UCSIS had disregarded their Tax Returns and made up their own figures. Then when the appeal went in it should have gone to a different officer and it didn't - obviously the original officer isn't going to say they made a mistake in the first place.

I think there needs to be an appeal process put in place with a fair adjudication - at the moment there is no appeal at all if you go to an Embassy - and definitely you should be able to appeal if figures have been taken wrongly.

Zoe

[InnVic]

Innvic - my opinion is that they will never set clear targets, as then everyone would work towards them. Say you had to buy a business that was worth $200,000, then people would be massively overselling businesses just to E2 people, whether they were worth that or not.

I actually spoke to the people in Maine yesterday and am going to e-mail them with the contacts of people who have recently been to Mexico and other places, but Dean said to me that UCSIS had disregarded their Tax Returns and made up their own figures. Then when the appeal went in it should have gone to a different officer and it didn't - obviously the original officer isn't going to say they made a mistake in the first place.

I think there needs to be an appeal process put in place with a fair adjudication - at the moment there is no appeal at all if you go to an Embassy - and definitely you should be able to appeal if figures have been taken wrongly.

Zoe

From the State Department website
WHO CAN INFLUENCE THE CONSULAR OFFICER TO REVERSE A DECISION?

Immigration law delegates the responsibility for issuance or refusal of visas to consular officers overseas. They have the final say on all visa cases. By regulation the U.S. Department of State has authority to review consular decisions, but this authority is limited to the interpretation of law, as contrasted to determinations of facts.

So there is actually supposed to be an appeal process if the decision has been made erroneously. The State department claim they will intervene in points of LAW - but not in judgements made based on fact - however most attornies won't pursue this route as the LAW is so bloody vague!

IF there was some clearer guidance in the way the law was written then people like Dean and Laura could have hope - however as it stands those with E2 businesses at the "smaller end" are subject to an ever shifting interpretation and application of the guideleines, and the absolute discretion of some badly trained clerical officer who can destroy your life with the stroke of a pen if he's in a ****y mood or doesn't like your face- and there is nothing you can do about it!

I do understand your point about the $200K businesses, but think about it - not all businesses are going to be targeted specifically at E2 visa holders who represent just a tiny fraction of those moving to the USA. Savvy E2 prospects will still do due dilligence and research and if a business is overpriced then they can see that - I accept that there are going to be one or two stupids that could fall for some "E2 business" broker scam - but hasn't that always been the case? Anyway the "substantial" investement argument is not the one that trips folks up - its the "marginal" definition - which (in my opinion) needs to be clarified.

[britcan]

Innvic - my opinion is that they will never set clear targets, as then everyone would work towards them. Say you had to buy a business that was worth $200,000, then people would be massively overselling businesses just to E2 people, whether they were worth that or not.

I actually spoke to the people in Maine yesterday and am going to e-mail them with the contacts of people who have recently been to Mexico and other places, but Dean said to me that UCSIS had disregarded their Tax Returns and made up their own figures. Then when the appeal went in it should have gone to a different officer and it didn't - obviously the original officer isn't going to say they made a mistake in the first place.

I think there needs to be an appeal process put in place with a fair adjudication - at the moment there is no appeal at all if you go to an Embassy - and definitely you should be able to appeal if figures have been taken wrongly.

Zoe

Typical- double bloody standards- bet this woukld'nt happen if they were Mexican!!! Or Cuban come to that. Has'nt anyone told those A holes at the UCSIS that there is really a depression in this country? God this makes me so bloody sick! Maybe the UK should be doing the same thing in reverse and see how they like it. Its disgusting!!!!!!!!!!!!!!!!!!!!

[JulieC]

Innvic - my opinion is that they will never set clear targets, as then everyone would work towards them. Say you had to buy a business that was worth $200,000, then people would be massively overselling businesses just to E2 people, whether they were worth that or not.

I actually spoke to the people in Maine yesterday and am going to e-mail them with the contacts of people who have recently been to Mexico and other places, but Dean said to me that UCSIS had disregarded their Tax Returns and made up their own figures. Then when the appeal went in it should have gone to a different officer and it didn't - obviously the original officer isn't going to say they made a mistake in the first place.

I think there needs to be an appeal process put in place with a fair adjudication - at the moment there is no appeal at all if you go to an Embassy - and definitely you should be able to appeal if figures have been taken wrongly.

Zoe

Appeals always go back to the same officer, it is the norm. My L1 one did and they hadnt changed their minds any! With L1 you can appeal further to the Administrative Appeals unit in Washington, but they seem just to rubber stamp the original decision. Total waste of time.

[britcan]

maybe all the E2 visa holders should march on Washington!

[InnVic]

I got this update from Laura and Dean today....
<<Hi Guys
We just thought we would drop you a line to bring you bang up to date with all our news.
We have to leave the US by no later than January 21st. We have an appointment to try and get a new visa in Barbados on the 1st March.
This means that we have to find somewhere to stay, outside the US, between the two dates.
I have a friend in Canada who has offered to put us up for a while which is great as this means that we can drive up and save on at least one pair of air fares. Not to mention Hotel costs as well. Its a shame that we don't know anybody else we can stay with who doesn't live in the US.

We still will not know our fate until the actual day of the appointment or maybe even weeks or months afterwords. It all depends on the officer on the day.
We are still trying to keep it all together until the very end. But as you can imagine its so hard to keep a positive outlook.
I think Christmas this year will be a very low key affair, if we even bother at all.
We hope that when we do go that you will all still keep in touch.

All the best to you all


Laura and Dean>>

Anyone have a cheap condo let on barbados that they could offer them for 6 weeks (or any where else outside US?) Or does anyone know if they say left the US and drove to Canada for a few days - came back in on Visa waiver (if they showed tickets to leave for Barbados end of feb) and promised not to work during that time (its out of season anyway) Would this be feasable?

[InnVic]

Haven't been posting much (lousy connectivity here in the wilds of Scotland!) and I've lost Dean and Lauras e-mail address with the move - does any one know how their application at Barbados went?