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How can I apply for an E-2 visa and stay in the U.S. with a pending EB-5 case?

I am a Chinese investor whose I-526 has been approved but I am waiting due to the backlog. In the meantime, I am planning to invest in Grenada’s CBI program. If I receive Grenadian citizenship, I want to apply for an E-2 visa through it, enter the U.S. and start my business. But will my I-526 affect my E-2? If not, when can I enter the country?

Answers

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    Julia Roussinova

    Immigration Attorney
    Answered on

    E-2 visa requires providing a statement of your intent to return abroad after E-2 status terminates because it is not a dual-intent visa. If you have an approved I-526 petition you have an immigrant intent issue and your E-2 visa may be denied based on 214(b) or CBP may not admit you in the U.S. with an approved I-526 case. It is possible that you can convince that you will consular process for an immigrant visa abroad when your priority date becomes current and show strong home ties to your home country. You will also need to check that the E-2 treaty with Grenada does not require residency in Grenada in addition to having a passport to be eligible for E-2 benefits.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    The idea is doable. A pending I-526 immigrant petition should not adversely affect an E-2 non-immigrant petition. As to when you can enter the U.S., the moment your E-2 is approved you can enter. However, if the E-2 is not approved, you cannot enter until your EB-5 is eventually approved.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    The E-2 is not a full dual-intent visa, but it is possible that you could invest in the E-2 program but be ready to prove you have some ties to Grenada. You have to go there and do more than just buy a Grenada passport.You will have to establish residency, or else the consulate might legally deny you for failing to have a residence abroad.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    Upon becoming a Grenadian citizen, you can indeed apply for an E-2 visa. Your pending I-526 will not affect the E-2.

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    Marisa Casablanca

    Immigration Attorney
    Answered on

    Your E-2 visa will most likely be denied because you have immigrant intent. Having a petition for the permanent resident process pending demonstrates an intent to immigrate.

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    This is likely doable, but there are several issues of which you and your lawyer will need to aware (i.e., immigrant intent and so on). Your first step is to retain a lawyer.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    That should work if you can first become a Grenadian citizen. As an E-2, you would invest in a business here and be here to develop and direct that business until the priority date for your EB-5 is current, which will be many years.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    E-2 visa is a non-immigrant intent visa category, for which having had the immigrant petition approved that shows your immigrant intent will be seen as a problem. If, however, you could convince the consulate official that you will go back to China to be interviewed for the immigrant visa when the priority date becomes current, you may be given the E-2 visa. Convincing the consulate officer may be difficult, but not impossible.

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    Charles Foster

    Immigration Attorney
    Answered on

    If you obtained Grenadian citizenship you would be eligible to apply for an E-2 non-immigrant visa based upon a treaty between the United States and Grenada. The fact that you are a beneficiary of an approved I-526 petition may or may not be viewed as a negative factor. You would certainly have to disclose same and the question is whether or not you would be able to demonstrate to the satisfaction of the American consulate that you would depart the United States upon the conclusion of your non-immigrant E-2 treaty investor status.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    An E-2 is a non-immigrant visa, where you need to show you have the intent to stay in the U.S. only temporarily and show you will leave the U.S. at the end of your status. An approved I-526 petition may give the consulate an easy argument that you intend to remain in the U.S. permanently. That said, by working with experienced immigration counsel, you can develop strategies to enter the U.S. lawfully.

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