How do I get an E2 Visa Investor Visa? 1 Answers as of June 20, 2011

My husband has applied for E2 visa while in USA on a B2 visa on Feb 17th. He has been in US since June 2010 and his last extension and change to B2 visa allowed him to be here until Feb 17th which is when the petition for E2 was put into action. On May 17th, we (and our lawyer) received a letter that of denial due to the fact that he had left the country on Jan 15th (which he had not). Our lawyer is doing an appeal to this decision and I cannot trust that this happened as a result of her mistake or theirs! In addition, she is saying that it will take 5 months for the answer to the appeal and he will have to leave as of August 15, 2011 as it will be 180 days since he was allowed to stay per his b2 visa! Is this true? Is he not allowed to stay since we have filed an appeal? Also if he leaves, would that not void the appeal so what is the point? Please note he is a CDN Permenant resident. thank you

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Pacifica Legal Services | Floyd Fernandez
Dear Friend, Dear Friend, Your husband is not going to be allowed to remain in the U.S. after his B-2 expires, while his E-2 is pending, but you are technically out of status. He will be able to leave without penalty (incurring a 10-year ban), if within 6 months or less of August 15th. However, it is strange that you say he is a conditional permanent resident. If that is true, why is he applying for the E-2? He is able to pursue a business without the E-2. If you want to discuss the matter further, feel free to call or e-mail to make an appointment for a consultation, either in-person or by phone.
Answer Applies to: California
Replied: 6/20/2011
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