Nice v. Turnage
United States Court of Appeals for the Ninth Circuit
752 F. 2d 431 (9th Cir. 1985)
Nice (petitioner) applied to switch from a B-1 visitor visa to an E-2 treaty investor visa based on a $25,000 investment in a car wash, but the investment check was drawn on a foreign bank account and signed by his wife, and the record suggested the true source of the funds was actually Nice's father-in-law. His application was denied for failing to prove he personally provided the invested funds, and the district court upheld the INS's requirement that Nice prove personal investment; Nice appealed.
Whether an applicant for nonimmigrant E-2 treaty investor status must prove he personally invested the funds himself, rather than merely showing the investment was genuine or that the funds were within his possession and control.