Am I able to apply for E-2 Investor Visa, and can my request for a waiver, of 3 to 10 year bar, be approved?

No.

In order to qualify for a waiver of the bar, you must prove extreme hardship to a US citizen spouse, which is fairly difficult to do in most cases.

Hello: You can apply for the E-2 and a non-immigrant Waiver. An E-2 Visa is one of the nicest working visas as it allows you to run your own business, and while it periodically needs to be renewed, you can stay here in the U.S. as long as you like on the E-2. Normally, this type of E-2 Visa would require and investment of $50,000 to $100,000U.S. to successfully process. The more capital investment that is required for the business, the higher the investment. Additionally, your spouse and unmarried children under 21 years old can come as beneficiaries to your approved E-2. Your children will be able to go to school in the U.S. without having to get a separate student visa (as long as they are not in college.) The spouse will be permitted to apply for a work permit to work anywhere in the United States. A great deal of the success of the E-2 Petition is how it is prepared. The higher the investment, , the easier it is to get approved. The type of company that would either be purchased or the type of company that would start from scratch is wide open depending on what you would like to do. This petition is usually 2-4 inches thick. It consists of the petition itself, the complex business plan with numerous charts and figures, and if needed, the incorporation papers. Once submitted directly to the Consulate, it takes between one and three months for approval. It can also be submitted to U.S. Immigration for a change of status. The price below consists of preparation of the E-2 Petition, the complex Business Plan and the incorporation charges. My firm can also do the incorporation of the business in the U.S. It is more than simply preparing the Articles of Incorporation as immigration requires many other documents such as the Stock Transfer Ledger, Stock Certificates, Bylaws, Notice of Meetings among other items. *Non-immigrant Waiver of Inadmissibility* A Waiver of Inadmissibility will have to be obtained. This is an application that will include a legal brief, forms, documents, exhibits, declarations and other evidence. My firm can prepare the entire waiver, and attach all of the necessary documents. It will take several months for the decision, and if done correctly, there is a good chance of an approval. The Waiver essentially makes the crime or ground of ineligibility disappear so that entry or re-entry will be allowed into the U.S. Please note that the Waiver is the critical part of this application, and unless approved, there cannot be any other petition that will allow entry into the U.S. Therefore, the Waiver must be prepared with significant supporting documents.

A waiver is always discretionary, approval is dependent on you meeting the requirements of the waiver and submitting the proper evidence and legal arguments. If you think you have a solid E2 business plan you should have a consult with an immigration attorney such as myself, or another of your choice, and discuss particular facts and requiremetns of the E2 visa and the wiaver application concerning the overstay resulting in the 10 year bar.

That will depend upon whether you have any qualifying relatives in the US.

To qualify for a waiver of the 3- and 10-year bar, you must establish extreme hardship to a spouse or parent who are US citizens or legal permanent residents. What family members do you have in the US.