How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Guillermo Senmartin Your Own Question
Guillermo Senmartin
Guillermo Senmartin, Attorney At Law
Category: US Law
Satisfied Customers: 111953
Experience:  Over 12+ years of experience in various areas of U.S. Law and 15+ years of experience in U.S. Immigration Law..
Type Your US Law Question Here...
Guillermo Senmartin is online now

I am going to apply e2 visa, I was recently denied access

This answer was rated:

I am going to apply for my e2 visa, I was recently denied access to usa last week by border control as I have spent 6month twice with only having a short break between, there cancelled my current B1/b2 visa, the worse was that I had already put in an application for my E2 in the usa whilst I was there but did not realise that I should not of left the usa whilst my application was in so I had to withdrawn my application at the border and took the next flight back to the uk.
so the question is I am now going to resubmit my E2 but because I had an conviction some 28 year ago for vat taxes hence why the B1/2 visa in the first place, I have to reapply for the waiver, so do I apply for the wavier at the same time as my E2 as I know I have to complete ds160 and send my DS156E with my prepared E2 documents
thank Angie
Customer: replied 2 years ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Hello! My name is***** and I am a licensed attorney with more than 13 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help. Before we get to that, can you tell me if you were excluded at the Port of Entry which would have a 5 year penalty?
Customer: replied 2 years ago.
yes I got stop at the port but there allowed me to withdrawn my application to avoid the 5 years because I was able to show and did have evidence that I had obtained a lease for 5 year, everyone was very surprise that cbp was so hard on me as I was within a week of closing on my lease, build were ready to go in, and now I have to start again with my application as the mistake my made was when I made my application in the usa I should not of left, but I was focusing on my over staying on my B1 not realizing that the E2 application superseded B1 otherwise i would not be in this position.
Ok. What was the conviction for and what was the sentence? Will you be able to prove non-immigrant intent?
Customer: replied 2 years ago.
i have had a b1/2 visa granted for the last 15 year without a problem home land security have had my police record 3 time over those years, i have always be recommended by the consular for my waiver as i said it was for a vat over payment 28 years ago and have no other conviction
Customer: replied 2 years ago.
I have just got back for the Houston, as i have said i have commented myself to a 5 year, have employee tax id, business bank account 5 year account projection all the building plan everything to get this business to close, I am still in shock that the custom officer acted in this way
But have you had to apply for a 212(d)(3) waiver each time or for multiple entries?
Customer: replied 2 years ago.
No each time I was give 5 year so applied every five year but last Wednesday the custom cancelled my recent 5 year that had 3 year left as she believe that I was did not have the correct visa as a visitor so denied until I get visa e2
Ok. You would apply for the waiver in the same way that you applied for the waiver through the B visa process. Normally, that is at the interview. You would prepare your information to show that you are eligible for the waiver, etc., just as you have always done. Take a look at this link:,D,3&url=/FAM/09FAM/09FAM030503.html#M305_3_3_A You can find more information here:,0930-labrie.shtm Since you have received the waiver previously, I don't see why you wouldn't be able to get a new one. Also, the E-2, while being a non-immigrant visa that does not have dual-intent like the H-1B, they are more lenient with that visa. My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. You can even ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.
Customer: replied 2 years ago.
I have been told that I can not apply for a B1 visa again as my intention is to open up my business so I can only apply for the E2 so I don't understand what you mean by applying for the B again as when I spoke to the consular I was told it has to be one or the other, so what do mean about the visa being more lenient is that for the E2 visa
Because you aren't supposed to be living in the U.S. managing a business and being paid by that business while you are on a B-2. So since your intent is to do that, this is why you need the E-2 instead of the B-2. But the E-2 still requires a showing of non-immigrant intent, through they are more lenient with that than with the B-2. So what I am saying is that you don't need to show as much evidence of non-immigrant intent with the E-2 as you would have to show for the B-2. Let me know if you need anything else, but please do not forget to rate me positively. You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. Thank you!
Customer: replied 2 years ago.
can you be contact directly as it so very difficult to get thing across I was not working or living in the us, I had just taken on a lease with the view to open my business I had already put in an application for an E2 to change my status but did not realise that I should not of left, so when returning last wed the 2nd in got stopped and told that I did not have the right visa as I was not their as tourist and at that point there cancel my visa which was for 5 year, so the question will have problem getting a wavier again in relation to re apply for E2 visa on ds160 form sorry just trying to clear on that point
You should not have a problem getting the waiver since you have previously gotten it before. In regards ***** ***** intent, it should be easier to get the E-2 than the B-2. With the E-2, the main thing is to have a substantial investment in an active company. If you would like to speak over the phone/Skype, it is an extra fee. I will send that to you now. If you decline it, that's ok, just continue here without additional charge but please do not forget to leave a positive rating. Thank you.
Guillermo Senmartin and 2 other US Law Specialists are ready to help you
Customer: replied 2 years ago.
are you able to direct me to sample covering letter for my e2 application I just want to see a good layout with all the salient point
I don't really like to do that because each case is individual, but here is a link to good information that should be included in such a checklist: Thank you for the positive rating. Please respond here for this topic, but for a different topic, if you would like to request me in the future, please remember to put FOR GUILLERMO in the subject line and message box. Good luck to you!
Customer: replied 2 years ago.
as I am having a start up business will I still have to apply a year bank statement if the business is not operational basically referring to tab F and G thanks
They cover start-ups at the tab. So you have to have a solid business plan and proof that a good amount is already invested to operate the business.
Customer: replied 2 years ago.
so the rest does not apply to me? but where I have paid builder or in fact anyone in relation to my investment do I need to show bank statement, also do these statement need to certified by the bank thanks
You submit what you have, but the more you have as far as bank statements and financials, the better it is. Statements don't need to be certified, but it would certainly help if they were. I have to sign off for a bit, but I will be back later.
Customer: replied 2 years ago.
thanks you have very helpful tonight, I will ask for you again as you have a good understand of my situation now and will get on with preparing my covering letter and will come back to you if needed.
No problem. Thank you!
Customer: replied 2 years ago.
Hi good morning, was just thinking as the my wavier is going to take time, could I applied for ds160 now and then submit my information for the e2 later that way I am not waiting for the wavier as the e2 process is shorter, and could wait at least 4 month for wavier, or must there go in together very important question thanks
Customer: replied 2 years ago.
Also where are based
I don't see why you couldn't do it that way, but you should contact he U.S. Embassy and ask to make sure. Sometimes they differ in their treatment of such cases. And I am located in Miami, FL.
Customer: replied 2 years ago.
Hi I have start preparing my covering letter can I up load what I have done so far to see if I am on the right track, just want your opinion thanks
I won't be available to review anything until next week as I am involved in a huge charity project over the next few days. Sorry for the inconvenience.