Canadians planning to come to the US on work visas beware just because it is easy for you to come to the USA, does not mean you should stay for long periods of time.
Disclaimer: The following is written to provide a very general basic outline of the visa or immigrant process described below. It is meant to be general in nature and outlines simply some aspects of a very detailed process. Do Not Rely on the information which follows for instructions, nor as constituting legal advice.
Just because it is easy for Canadians to travel to the US as a visitor does not mean you should overstay your welcome! Long stays or overstays in the US are not favorably perceived when applying for a subsequent non-immigrant E-2 investment visa. Many clients ask me when they should leave the USA and go back to Canada when applying for a non-immigrant visa. Usually by the time this question is posed, the person has already compromised aspects of their pending non-immigrant visa petition, having remained in the US for too long.
Considering that you need to prepare long in advance for an E-2 visa interview, it is important to bear the following in mind:
- Do not overstay on your B1/B2 visitors status when you come to the USA before applying for a nonimmigrant E-2 investment visa: Always keep track of your lawful stay by accessing your I-94 form on the US government website, upon every entry into the USA. Even if the website does not record your entry dates, make sure that you do, and never stay on as a visitor for more than 180 days.
- Do not stay in the USA for longer than necessary when setting up your company for an E-2 visa: Although you may need to be present initially to set up certain aspects of the business, keep a detailed diary / log of business dealings when present in the USA. You may have to justify why you were present in the USA for these periods of time at your interview.
- Do not post an “immigrant intent” on social media. This cannot be overemphasized; clients are often their own worst enemy. In so far as an E-2 visa is non-immigrant in nature, you must be cognizant of this from the outset. Ensure that your actions are completely congruent with your ‘intent’, and do not propose online to be moving to the USA, until the visa is approved. One client had his entire house packed and loaded onto a moving truck, when the truck was stopped at the border and told to turn around. US Border Patrol contacted him enquiring why he was moving so many things to America and whether he had an intent to remain in the US. This client had not yet received an approval for the E2 application, notwithstanding had posted on social media that he was moving to the USA. He made several mistakes before his interview.
- When you decide to proceed with your E-2 visa, or indeed any visa, it is important to obtain original full unabridged birth certificates for the entire family and your unabridged marriage certificate from the foreign country government, to prevent any delays in current and subsequent visa application processes. Applying for such documentation from within the USA requires you to apply to the Embassy within the US, which will likely take longer.
