How can I travel overseas as an E-2 visa holder with a pending EB-5 application? - EB5Investors.com

How can I travel overseas as an E-2 visa holder with a pending EB-5 application?

I am on an E-2 visa in the US and have submitted my EB-5 I-526E within the US. Am I allowed to travel overseas while my I-526 is pending? Do I need to apply for a travel permit?

Answers

Bernard P Wolfsdorf

Bernard P Wolfsdorf

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Answered on

If you filed for an adjustment of status, then you would need an advance parole to reenter. But if not, then you should be able to travel with the E-2, provided you can convince the customs officer upon return that you will not be entering for the purpose of adjusting status.

Lynne Feldman

Lynne Feldman

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Answered on

Have you filed the I-485? If yes, need a travel permit.

Sunwook Sunny An

Sunwook Sunny An

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Answered on

The problem with E-2 visa is that it is a non-immigrant visa that does not allow dual intent for immigrating, although some have argued and USCIS has accepted that it should be a dual intent visa at times. If you have the actual Visa in your passport that has not expired and your I-526 was filed with the Consular processing option (indicating that you will apply for immigrant visa outside of the U.S.), you should be okay traveling with the E-2 visa as long as you have not violated your visa requirements. If you are no longer conducting business under E-2 and have filed the I-485 concurrently or based on your pending I-526 within the U.S., then you should wait until your advance parole travel permit (that was filed along with your I-485 application) is approved before you travel.

Benjamin Hu

Benjamin Hu

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Answered on

The E-2 Treaty Investor status is a less stringent non-immigrant visa category than many others. However, the USCIS usually expects that a holder of an E-2 status will not adjust status inside the US to a green card. If an E-2 holder also has a green card process like the EB-5 already underway, then it is possible to argue that the E-2 holder will not adjust status to the EB-5 green card, and thus can continue to comply with the E-2 rules. It is advisable to consult with experienced immigration counsel before traveling outside of the US when in such a circumstance.

Belma Demirovic Chinchoy

Belma Demirovic Chinchoy

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Answered on

The answer depends on whether you filed for adjustment of status? If you did, then no, you cannot use your E-2 visa to travel.

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