The picture with this blog, is a picture of our most recent filing with United States Citizenship and Immigration Service of an extension of a client’s E-2 treaty investor visa. This particular extension is for a restaurant, where the clients entered the United States on the E-2 visa, and where we have already extended the stay once before. There are no particular problems with this case, but this filing is over 1000 pages. The reason why the filing is so voluminous is that this much evidence is required to have the petition approved.
I often get asked does someone really need an attorney to file for their E-2 visa or stay. The answer according to the law is no. The factually correct answer is yes in almost every circumstance. The most important benefit from representation is the attorney’s perspective and judgment regarding the strengths and weaknesses of your petition. This judgment comes from all of the previous filings the attorney has done, the hours and hours of continuing legal education on the topic of immigration, and the interaction the attorney has with other immigration attorneys as well as immigration officials. Here are five specific ways an E-2 immigration attorney adds value to your case.
1. Develops a winning theory for your petition.
The most important task for an attorney is to develop a winning theory for your petition. Based upon the type of investment, the funds or in-kind investment, immigration history, work history, nationality the E-2 immigration attorney will find the legal path for the visa or change of status that leads to the grant of your benefit.
2. Outlines and evaluates the necessary evidence.
The key to winning a E-2 case is the proper development and presentation of evidence for each and every element. We will work to show your eligibility for E-2 status, provide you with list of evidence needed to show that eligibility and evaluate the evidence provided.
3. Combine factual evidence and the law to show eligibility.
Each case has the unique story. Because each person’s case and facts are different the way the evidence and law must be presented are different for each case. An experience E-2 immigration attorney knows the specific requirements that a consulate or immigration official are looking for. The attorney then takes your evidence, the law, and the official’s requirements into consideration when making the strongest case possible.
4. Represents you before the government.
A E-2 immigration attorney will represent you before the government if it is the consulate official or the immigration official and explain why you are eligible to be a treaty investor. If you are applying at a United States consulate you will have an in person interview. The E-2 immigration attorney will explain the issues that are important to your petition and will prepare you for the interview. Each consulate handles treaty investor visas in their own way, so it is important that you are represented by an E-2 immigration attorney is experienced in these matters.
5. Ensures the government paperwork was done properly.
It is not very unusual for the government to make mistakes on the approval paperwork. If this paperwork is not analyzed thoroughly it may have an adverse effect on any subsequent petition. The experienced E-2 immigration attorney, knows what to look for to ensure future petitions are not hampered by government mistakes.
E-2 visa petition, or petition for change of status, are expensive in petition processing fees, time and business resources. Immigration may also question why investor is squandering valuable resources preparing the petition themselves and not utilizing an experienced attorney. For representation concerning treaty investor petitions please contact Geygan & Geygan, Ltd. Our experienced attorneys can help reduce the time and aggravation in applying for the treaty investor visa.