Salvatore Picataggio
Immigration AttorneyThe I-526 petition by itself may be OK in the eyes of USCIS (the consulates...maybe not). An I-526 approval does not give you any immigration benefit until you apply for a green card.
My current status is F1 but this visa is ending, and my I-526 has no deadline for an outcome. Is it possible to apply for the E-2 (I''m an Italian citizen too) and get approved? Or is it likely that USCIS will see a conflict of interest in the E-2 nonimmigrant petition after I did a I-526 petition?
The I-526 petition by itself may be OK in the eyes of USCIS (the consulates...maybe not). An I-526 approval does not give you any immigration benefit until you apply for a green card.
It is possible to get E-2 approval with a pending I-526, especially if you indicated consular processing in your I-526 petition whereas an immigrant visa issuance is predicated on successfully going through the consular process. We have had multiple approvals.
It is possible (we have many clients who successfully obtained E-2 approval with a pending/approved I-526), but you will have to address this issue carefully.
The good news is unlike some other nonimmigrant visas, an applicant for an E visa need not establish intent to proceed to the United States for a specific temporary period, nor does an applicant for an E visa need to have a residence in a foreign country which the applicant does not intend to abandon. The applicant may sell his or her residence and move all household effects to the United States. Their expression of an unequivocal intent to depart the United States upon termination of E status is normally sufficient. In your case as an applicant who is the beneficiary of an immigrant visa petition, you will need to satisfy immigration that your intent is to depart the United States at the end of your authorized stay and you will not stay in the United States to adjust status or otherwise remain in the United States. It does leave upon the ability to apply for an immigrant visa abroad as they do not want you to apply to adjust status while in the U.S.
We have had many E-2s approved and/or renewed after I-526s were filed.
This should work if you selected consular processing in the I-526.