Egil D. Lauvik v. Immigration and Naturalization Service

The district court granted summary judgment to the Immigration and Naturalization Service (INS), affirming the denial of Egil Lauvik’s request for an extension of treaty investor status. Lauvik appeals. We reverse and remand.

BACKGROUND

Egil Lauvik, a citizen of Norway, invested $150,000 as a down payment on the purchase of a $375,000 motel/trailer park in Westport, Washington. INS granted him permission to stay one year as an E-2 nonimmigrant treaty investor. INS later extended his status for an additional year. On his application form, Lauvik wrote that he came to the United States “to immigrate to U.S.A. and go in bussiness [sic].” In the space for “date to which extension is requested,” Lauvik wrote “4 more years till I get my citizenship,” but then crossed that out and wrote “1 year.”

On Lauvik’s application for a second one-year extension, he listed $212 weekly income from the business and described his duties as “manage and do all work and repairs, rent rooms and trailer spaces, yard work, plombing [sic], etc.” The INS District Director denied Lauvik’s second extension request. INS found that Lauvik did not intend to depart the United States upon termination of his…