Q. My husband purchased a business last year in the US and was granted a change of status from USCIS on to the E2 classification. The petition was filed in my husband’s name, so I understand that if he leaves the country he will lose his E2 status and will have to re-apply. I am planning to go back to the UK for a short trip. Will I lose my E2 status upon my return? Could you please also let me know what your procedures are for the preparation of an application for an E2 visa from the US Embassy London, we already have the information needed for the application but I am not sure if we can file while in the USA.
A. You are correct that neither you nor your husband will be re-admitted into the USA in E2 visa status without an actual consulate-issued E2 visa in your passports. To receive an E2 visa in ones passport requires registration and approval of the E2 visa enterprise at the relevant consulate, which in your case is the Consular Unit of the US Embassy in London.
The application can be prepared and lodged whilst you are in the United States. However, since one of the requirements of the applicable treaty is residence in Britain, you must be prepared to prove that you continue to maintain your principal residence here.
Given that the US Embassy in London has some very particular local requirements that must be strictly followed and observed, we strongly advise that you restrict your search for a lawyer to any one of the six (6) London based US immigration firms. Collectively speaking, our extensive experience dealing with the US Embassy in London and satisfying it in all its particulars makes any one of us the natural choice to handle your case. In any case, you should feel perfectly free to ring our office in London to further discuss your matter.
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