top of page

E-2 Visa: Matter of Csonka, 17 I&N Dec. 254 (Regional Commissioner 1978)


The applicant is a British national who is in Texas, United States for pleasure purposes but has applied for a reclassification as a treaty investor citing an investment and provided financial statements as proof of the investment.


  • The applicant has provided an unaudited balance sheet totaling about $26,000 with $20,000 in loans from a local bank.

  • The applicant originally owned less but was eventually decided to own 51% of the stocks issued by the company in which he is investing in.

  • The applicant is deemed responsible for the loan and has used the shares of stocks he owns as collateral


1. Standard for Consideration

22 CFR 41.41 relates specifically to treaty investors and dictates that these investors must have the intent to leave the country should their investment end and that the investment must not be marginal and used to seek residency in the United States.

2. Standard for Denial

The applicant’s offer of financial proof of investment contains interesting connections that do provide for the applicant’s responsibility in the business, the business is characterized as being marginal.

There is no proof that the applicant has brought funds from England to invest in the business as there only seems to be funds from the loans from the local bank.


The applicant’s case was dismissed because his investment did not qualify as an investor under the definition defined in 22CR 41.41. His business investment was deemed marginal as there has been substantial losses reported. In addition, the applicant has provided no proof that there are substantial funds brought over from England for the purpose of investing into this business. Since the applicant has failed to prove that he can be classified as an investor under 22CR41.41, his application for a reclassification is denied.


No Attorney-Client Relationship Created by Use of this Website: Neither your receipt of information from this website, nor your use of this website to contact Santamaria Law Firm, PC or one of its lawyers creates an attorney-client relationship between you and the Firm.

No Legal Advice is Intended: This website includes general information about legal issues and developments in the law. Such materials are for informational purposes only and may not reflect the most current legal developments.




+ 1 (415) 745 - 3650

100 Pine Street, Suite 1250

San Francisco, CA 94111, USA

Member Logo_2019.jpg

Non Immigrant Visa

H-1B Visa

L-1 Visa

E Visa

R-1 Visa

​O-1 Visa

​P Visa

​B1/B2 Visa

Employment Based Immigrant Visa

EB-1: Priority Workers

EB-2: Advanced Degree or NIW

EB-3: Skilled/Unskilled Workers

EB-4: Religious Workers & Special Immigrants

EB-5: Investor Visa

Deportation/Removal Proceedings

Immigration Court Defense

Waivers of Unlawful Presence Bar

Motion to Reopen/Reconsider

Family Petition

Fiancée Visa

Marriage Visas

​Adjustment of Status through Marriage

Petition for Family Members

Petition for Adopted Child


Asylum & Refugee

​Temporary Protected Status


U Visa

T Visa

​And Others

Santamaria Law Firm
bottom of page