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How can I apply for EB-5 after entering the U.S. with an E-2 visa as a new Grenadian citizen?

I am from a non-treaty country. I want to become a Grenadian citizen, get an E-2 visa and start my business in the U.S. Since my goal is to become a permanent resident of the U.S., I plan to start an EB-5 application through any regional center after I enter the country with the E-2 visa. Could there be any issues doing so?

Answers

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    Julia Roussinova

    Immigration Attorney
    Answered on

    Filing EB-5 will impact future E-2 extensions since you must demonstrate non-immigrant intent for an E-2. Consult an immigration attorney to review both options with you. Currently, there is only a short extension for the regional center program, but hopefully it will be extended after Feb. 15.

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    Michael A Harris, Esq

    Immigration Attorney
    Answered on

    Applications for E-2 visas as a Grenadian citizen are being heavily scrutinized today. You will first need to carefully consider your E-2 application. Thereafter, there is new guidance from the Department of State concerning E-2 visa holders who later apply for a green card from within the United States. You should consult an experienced immigration lawyer for advice and a solution.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    In order to get an E-2, you need to clearly qualify for this investor visa. Also, you must still meet the requirements of having some residence abroad, so this has to be done very carefully. You clearly want to avoid applying for adjustment of status in the U.S. and would be advised that if you do subsequently apply for an EB-5 green card, you must complete the process at a U.S. consulate or embassy abroad.

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    A Olusanjo Omoniyi

    Immigration Attorney
    Answered on

    Yes, there could a number of issues which may either prevent or slow down your EB-5 plan. The general rule is that each EB-5 petition is based on the country of birth/country of origin of the petitioner. For example, if you were born in China, even though you later acquired Grenadian citizenship, if you enter the U.S. as a Grenadian with an E-2 visa. If you subsequently file an EB-5 petition in the U.S., you would be classified as Chinese, not Grenadian. Furthermore, your EB-5 petition would go through the same delay just like the Chinese nationals are currently going through. Advisably, consult an EB-5 attorney prior to embarking on your plan, because there are other options to EB-5.

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    Phuong Le

    Immigration Attorney
    Answered on

    Biggest obvious issue is to be careful with the timing of your I-526 petition because you don't want to violate the terms of your E-2 visa (especially the presumption of immigrant intent). Consult with a law firm regarding timing of your application to avoid potential problems.

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    BoBi Ahn

    Immigration Attorney
    Answered on

    There is no "treaty" requirement for EB-5, so your processing for Grenadian citizenship and E-2 processing has no effect on the EB-5 processing.

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    Lynne Feldman

    Immigration Attorney
    Answered on

    That should be OK, provided the government extends the EB-5 program. It is expected to do this, but it is never a certainty.

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    Belma Chinchoy

    Immigration Attorney
    Answered on

    No issues; file for EB-5 after entering the U.S.

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    Mitch Wexler

    Immigration Attorney
    Answered on

    With the facts provided, there would be no issue. You can even file for EB-5 before you enter the U.S. with the E-2 visa since E-2s enjoy dual-intent. Please know you will remain subject to any EB-5 quota attached to your country of birth.

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    Marko Issever

    EB-5 Broker Dealer
    Answered on

    While Grenadian citizenship will allow you to apply for the E-2 visa, it will not make a difference regarding your EB-5 application. For the EB-5 application, your country of birth matters. If you would like to come to the U.S. fast and start your own business while you are waiting for your permanent residency, your strategy makes absolute sense. If you were born in a country such as mainland China or Vietnam that is experiencing retrogression at the moment and your objective is to try to speed up the EB-5 approval period, unfortunately the Grenadian citizenship will not help.

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    Charles Foster

    Immigration Attorney
    Answered on

    As a new Grenadian citizen, you may, like any citizen from any country in the world at any time, file an EB-5 investor petition on Form I-526. The advantage of having E-2 non-immigrant visa status is if you are qualified and you're able to maintain a qualifying investment, you may remain and live in the U.S. while waiting for your EB-5 petition on Form I-526 to be approved. However, once approved, you can apply for adjustment of status when a visa number is available. If you were born in China, you're still subject to the Chinese quota for which there is a lengthy backlog estimated as long as 15 years. However, it's possible to maintain your E-2 non-immigrant visa status for that period of time.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    To obtain a non-immigrant visa like an E-2, you must have the intent to depart the U.S. at the end of your status. Planning on entering the U.S. with the intent to change to a green card would violate that intent. You should discuss this with an immigration attorney to plan your immigration process.

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