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Can the Denial of a Green card Petition Impact my E-2 visa?  If I apply for a green card and my application is denied, will this impact my E-2 visa renewal?

By January 20, 2020May 13th, 2021E-2 Visa, Immigration, Investor Visas

Many investors that are in the U.S on an E-2 visa may have the opportunity to apply for a green card.  For example, let us say that the spouse of an E-2 investor gets sponsored by his company for a green card under the EB-3 category.  Let us also say that the green card approval is not certain, and the EB-3 case may be a risky one.  Looking at another example,  let us say an investor has the ability to apply for a green card under the EB-1 category but the case is a risky one.  In both of these cases, the key question comes up of whether or not a green card denial will impact an E-2 visa renewal.

You can find out more about the E-2 visa renewal process by clicking here.

A denied green card application (For example, EB-2 or EB-3) could impact an E-2 renewal depending at what stage it was denied. The issue is that when you file a green card petition you have signaled to the Government that you may have immigrant intent. The closer you get to the green card approval (see the 3 steps for the PERM process by clicking here) the more chance of a possible impact. (For example, if you have filed an I-485 petition it may be worse, but if the company just filed the PERM and it was denied this likely would not have any impact.)   The denial of a green card petition may not necessarily impact your renewal but it is certainly something any immigration lawyer would warn you about if an applicant wanted to renew an E-2 visa after a green card denial.

So how easy is it to convert from an E-2 visa to a Green Card?

Regarding the ability to get a green card while on an E-2 visa, the U.S. does not have non immigrant visas that “lead” to a green card the way some countries do. (eg. some countries have a point based system). In the U.S. if you are on an E-2 then you can apply for a green card if you qualify for a category. For example EB-1a is a green card category but has a VERY high bar as it requires extraordinary ability. Eb-2 and EB-3 are also categories but they require a job from a company (unless you are doing EB-2 NIW) and a long labor certification process. EB-5 is another option but requires a significant investment and is often a category that investors on an E-2 visa use to get a green card. You can find out more about the EB-5 visa by clicking here.

You can find out more information about converting from an E-2 to a green card by clicking here. A key takeaway is that there is no silver bullet here.

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