Can E2 Visa Holders Apply for Green Cards?

united states permanent resident cardWhen you’re an E-2 treaty member, you may apply for an E2 visa green card in the United States through one of many networks. There are, however, a few possible flaws that you should know.

Be aware that either an employer or qualified relative is able to file a petition on your behalf while you are in E-2 status.

Also, familiarize yourself with the term “dual motive.” E-2 status means you’ve been granted permission to enter the United States for a limited time. As an E-2 nonimmigrant, you are required by law to return to your home country after your work is completed, and you do not wish to remain permanently.

However, it is common practice to apply the principle of dual-purpose to E-2 nonimmigrants, which means that you may both expect to depart when your E-2 work in the United States is completed and intend to move from an E2 visa to green card while remaining in the United States. Dual motive is a curious legal term, but it is critical to understand its implications.

Adjustment Of Status Is Not Available To All E-2 Applicants.

One of the implications of dual-purpose for E-2 nonimmigrants is that applying for permanent residency after a petition is accepted is more difficult for them than for other applicants, so you’ll need immigration lawyers Lakeland Fl to assist you.

Most individuals with an authorized immigrant petition and an accessible immigrant visa number can get their green card by making an immigrant visa stamp application at a United States consulate or create a green card petition specifically through a procedure called “adjustment of status” if they are already in the United States. 

Many applicants choose adjustment of status since they don’t have to depart from the United States throughout the proceedings. They can have Espinoza Law Offices immigration attorneys Tampa Fl represent them at the interview. They have more appellate options after a rejection.

E-2 nonimmigrants, on the other hand, are strictly prohibited from applying for a change of status. If they do, they’ll face additional hurdles, so it’s essential to reach out to an immigration lawyer near Tampa Bay.

The E-2 treaty trader program was developed to ease trade between the United States and the numerous countries that have trade agreements with it. 

As a result, E-2 nonimmigrants are granted some legal rights as a result of the trade agreement. You must be able to let go of those trade deal rights if you want to change your status from E-2 to permanent residency while in the United States. 

Along with your application for status adjustment, you’ll need to submit Form I-508, Waiver of Rights, Privileges, Exemptions, and Immunities. If you have any concerns, contact immigration attorneys Tampa Fl.

Immigration Based On Family Ties

If you have a US citizen or permanent resident relative, they may be able to sponsor your permanent residency. You don’t have to worry about losing your E-2 status if a relative files an immigrant visa petition for you because the dual purpose is allowed for E-2 applicants.

Immigration for Work

E-2 non-immigrants could be sponsored for permanent residency-purpose via a U.S. employer. The dual-purpose doctrine would allow you to stay in the United States as an E-2 worker as your future employer completes the petition process. It is a time-consuming method.

Self-Petitioning and E-2 Status

An intending immigrant who is also an employer is prohibited from petitioning for themselves based on immigration law.

This discrepancy can be tough to substantiate since E-2 investors are frequently the proprietors or executives of their U.S. corporation or endeavor. If your situation follows this trend, let an immigration lawyer from Espinoza Law Offices be your Lakeland haven so you can have peace of mind through the process.