Can a Dual National Change Status to E-2 if they Entered on the Non E-2 Country Passport?

By July 1, 2019October 1st, 2020E-2 Visa, Immigration, Investor Visas

One way to apply for an E-2 visa if you are in the U.S. is to file an I-129 form to change status. While most applicants apply for  E-2 visas at a Consulate, there are some instances where applying through USCIS makes sense. You can find out more about whether to apply for an E-2 visa at a Consulate or through USCIS by clicking here.

One question that has come up related to dual nationals who want to obtain an E-2 visa while in the U.S.  Specifically, can a dual citizen who is in the US with a non-treaty country passport change status to E-2 under the other treaty country passport?

The short answer is No. That is, a dual national who enters the U.S. using the non-treaty country passport could not change status even if they have a passport from a Treaty country also. They would have to leave and reenter on the Treaty country passport or go to a Consulate and apply.  For example, if a national from Peru also had an Italian passport and entered the U.S. using his Peruvian passport, he could not then change status to E-2 in the U.S.

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