E-2 Visa Application While Green Card Processing: Legal Considerations

Individuals awaiting a green card may contemplate simultaneous application for an E-2 visa—a nonimmigrant visa enabling foreign nationals to invest in and manage U.S. businesses. Let's delve into the legal aspects of pursuing an E-2 visa while awaiting a green card.

While there's no explicit prohibition against concurrent E-2 visa and green card applications, the legal ramifications merit attention. The E-2 visa, being nonimmigrant, doesn't offer a direct route to permanent residency or a green card. Conversely, a green card application typically signifies the intent to establish permanent residence in the U.S.

Applying for an E-2 visa necessitates demonstrating substantial investment in a U.S. enterprise and an intention to depart the U.S. upon visa expiration or termination. This departure intent may run counter to the permanent residency intent crucial for a green card application. Legal counsel from an immigration attorney is essential to evaluate your specific circumstances and navigate these intricacies.

In summary, while technically possible to pursue an E-2 visa during green card processing, legal complexities may arise due to conflicting intentions. Consult an immigration attorney to navigate these issues and make informed decisions based on your unique situation and immigration goals.