Announcement

Collapse
No announcement yet.

E-visas versus L visas - A HYPOTHETICAL.

Collapse
X
  •  
  • Filter
  • Time
  • Show
Clear All
new posts

  • E-visas versus L visas - A HYPOTHETICAL.

    Here's a tough one. Any advice from you lawyers out there?

    X has U.S. business he started with his buddy, Y. He invested $10K in the business and it really started to grow. X is a Canadian. He travelled back and forth, but he really made the U.S. his base. Whenever he thought he stayed too long, he decided to return to Canada.

    On his last entry, he was stopped at the border and asked his purpose for coming to the U.S. He fabricated an answer and said he was picking up a friend from the airport. They deported him as an intending immigrant when he divulged that he had a home (rental) and a business (he's majority owner and seems to be crucial to its success).

    Now he needs to come back to save the business, as it's floundering. He's been gone almost a year. The business is not doing as well, but his partner, Y, is plugging ahead and taking instruction from him via telephone and email.
    The business is only making around $150K right now, although before his deportation it was making $500K. They hire independent contractors. He's a wholesale distributor of consumer products.

    In order to return, he has to file a I-212. The bigger question is, which visa should he apply for (L or E). INS told me "E." An attorney told me L. The problem is that his business in Canada is really the business in the U.S. and although he's working on it, he hasn't developed the Canadian business as much as he has the U.S. business. Any thoughts? He seems to fall inbetween the two: his investment isn't substantial, but it was crucial (E); the company isn't incorporated but is very much a legitimate company. I'll go with the majority vote. E or L?

  • #2
    Here's a tough one. Any advice from you lawyers out there?

    X has U.S. business he started with his buddy, Y. He invested $10K in the business and it really started to grow. X is a Canadian. He travelled back and forth, but he really made the U.S. his base. Whenever he thought he stayed too long, he decided to return to Canada.

    On his last entry, he was stopped at the border and asked his purpose for coming to the U.S. He fabricated an answer and said he was picking up a friend from the airport. They deported him as an intending immigrant when he divulged that he had a home (rental) and a business (he's majority owner and seems to be crucial to its success).

    Now he needs to come back to save the business, as it's floundering. He's been gone almost a year. The business is not doing as well, but his partner, Y, is plugging ahead and taking instruction from him via telephone and email.
    The business is only making around $150K right now, although before his deportation it was making $500K. They hire independent contractors. He's a wholesale distributor of consumer products.

    In order to return, he has to file a I-212. The bigger question is, which visa should he apply for (L or E). INS told me "E." An attorney told me L. The problem is that his business in Canada is really the business in the U.S. and although he's working on it, he hasn't developed the Canadian business as much as he has the U.S. business. Any thoughts? He seems to fall inbetween the two: his investment isn't substantial, but it was crucial (E); the company isn't incorporated but is very much a legitimate company. I'll go with the majority vote. E or L?

    Comment


    • #3
      A question: Are X and Y male or female buddies?

      Comment


      • #4
        X is male, Y is female.

        Comment


        • #5
          Let's review ... X has been working illegally on the Canadian waiver privilege, lied to the INS last time and now?????
          An L visa is supposed to be based on a fully operating business in the foreign country and the transferee is supposed to be the manager of, say, a satelite office. It is not for transferring this X to work, leaving only a shell company in Canada collecting mail.
          So in theory an E is better, but really, this guy has already demonstrated that he cares little for our laws. Maybe he should just stay in Canada and work there. Why do we need to import liars and law violaters?
          I hope Congress tightens the rules and closes the loopholes (in the L1 and H1 categories) that are causing American workers to lose their jobs while foreigners replace them.

          Comment


          • #6
            hahaha

            Comment


            • #7
              I understand your concerns. Actually, whoever pretended to be me is wrong. X and Y are both males. Nonetheless, your insight is important. My instincts say L, but I believe that the shell company theory also doesn't work.
              I was also wondering how X would survive the 214(b) problem, however. He would concede that he screwed up and would be able to prove he is repentant.... thanks!

              Comment


              • #8
                Given the fact that both X and Y are males, their claims will be a little bit more believable, so to speak.

                Comment

                Sorry, you are not authorized to view this page

                Home Page

                Immigration Daily

                Archives

                Processing times

                Immigration forms

                Discussion board

                Resources

                Blogs

                Twitter feed

                Immigrant Nation

                Attorney2Attorney

                CLE Workshops

                Immigration books

                Advertise on ILW

                EB-5

                移民日报

                About ILW.COM

                Connect to us

                Questions/Comments

                SUBSCRIBE

                Immigration Daily



                Working...
                X