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

There are a million reasons the consulate could use its discretion to deny a case. If everything otherwise looks good, it may be OK to move forward right after getting Grenada citizenship. Now, how having a pending EB-5 while applying for E-2? That&#39s also a possible challenge to overcome.

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.

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.

You can apply the next day.

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.

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

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.

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.

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

The officers know why you got the Granada citizenship.

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

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.

I think an immediate application is fine.