Bernard P WolfsdorfImmigration Attorney
The E-2 rules make it clear that having an immigrant visa petition on file is not a basis to deny an E-2. One has to meet the E-2 intent requirement that is a commitment to return home at the end of the investment. Here is the rule: An applicant for an E visa need not establish intent to proceed to the United States for a specific temporary period of time, 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 alien may sell his or her residence and move all household effects to the United States. The alien''s expression of an unequivocal intent to depart the United States upon termination of E status is normally sufficient. An applicant who is the beneficiary of an immigrant visa petition will need to satisfy you that his/her intent is to depart the United States at the end of his/her authorized stay, and not stay in the United States to adjust status or otherwise remain in the United States.