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How long should I wait to file an E-2 after I obtain Grenada citizenship?

I am a Chinese investor who has a pending EB-5 case. Due to the backlog, I would like to apply for E-2 to enter the country and start my business while waiting for my priority date to become current. Since China is not a treaty country, I will need to first apply for Grenada citizenship. After I get the Grenada citizenship, how long do you think I should wait before I submit the E-2 application? Could it look suspicious to consulate officers if I apply for E-2 immediately after a Grenada citizenship is granted?

Answers

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    Ed Beshara

    Immigration Attorney
    Answered on

    Your questions are thought-provoking, and therefore an experienced EB-5 immigration attorney will be able to advise you. Currently, the U.S. consulates are looking more so at E-2 applications based upon citizenship of Grenada. You may not have to wait before you can apply for the E-2 visa, but your attorney can review with you the possible questions from the U.S. consulate.

  • Avatar

    Julia Roussinova

    Immigration Attorney
    Answered on

    It may be difficult to have an E-2 non-immigrant visa issued at a consular post abroad when you have a pending EB-5 immigrant petition that evidences your intent to immigrate to the U.S. This contradicts the E-2 visa requirement to show non-immigrant intent.

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    Dale Schwartz

    Immigration Attorney
    Answered on

    You can apply the next day.

  • Avatar

    Daniel A Zeft

    Immigration Attorney
    Answered on

    After filing an I-526 petition, it is problematic to file an E-2 visa application at a U.S. consular post abroad. Foreign nationals seeking E-2 status cannot have the specific intention to immigrate to the U.S.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    It is acceptable to apply E-2 right after obtaining Grenadian citizenship.

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    Charles Foster

    Immigration Attorney
    Answered on

    In theory, you can file for your E-2 non-immigrant visa after you have obtained Grenada citizenship at any time. However, in practice, it would be better for you first to take up physical residence in Grenada given the attitude on the part of some Consular Officers that obtaining Grenada citizenship is a loophole that''s being exploited. Technically, there''s no requirement that you physically reside in Grenada; but as a practical matter, several months or longer would be better.

  • Avatar

    Marko Issever

    EB-5 Broker Dealer
    Answered on

    Technically speaking you do not have to wait at all. Ideally, if it were possible which I know is not, it would have been better to apply for the Grenada citizenship first that would have enabled you to apply for the E2 visa and then apply for the EB5. But for the reasons we are all very familiar with you cannot. As a Chinese national, you have a pending EB-5 case with a long retrogression. That said, you are not applying for the E2 visa as a Chinese national who has an EB-5 case pending. You will be applying as a Grenada citizen for the E2 visa which is totally permissible. That said, even if there was a treaty between China and the United States that allowed you to apply for the E2, you would have still been ok to due to the regulations as stated below. Make sure to work with an experienced immigration attorney and clearly attest in your application your intent to leave the United States upon conclusion of your E2 status. The regulations as stated as in 8 CFR 214.2(e)(5) spell out the rule very clearly as follows: Nonimmigrant intent. An alien classified under section 101(a)(15)(E) of the Act shall maintain an intention to depart the United States upon the expiration or termination of E-1 or E-2 status. However, an application for initial admission, change of status, or extension of stay in E classification may not be denied solely on the basis of an approved request for permanent labor certification or a filed or approved immigrant visa preference petition. Furthermore, according to Foreign Affairs Manual of US Department of State, 9 FAM 402.9-4(C) as long as the alien expresses an unequivocal intent to depart the United States upon termination of E status that is normally sufficient to apply for the E visa.

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    The officers know why you got the Granada citizenship.

  • Avatar

    BoBi Ahn

    Immigration Attorney
    Answered on

    You can file for the E-2 as soon as you obtain the Grenadan citizenship.

  • Avatar

    Jack C Sung

    Immigration Attorney
    Answered on

    You can apply right away. The law does not require you to wait any time period.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    For many consulates, they want to see you actually establish a residence or presence in Grenada, such as buying a home and have ties to the country. Therefore the best option is to wait about 6 months or more.

  • Avatar

    Lynne Feldman

    Immigration Attorney
    Answered on

    I think an immediate application is fine.

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