For those on an E-2 visa who are considering pursuing permanent residency through an I-140 petition, a common question is whether the two can coexist. The short answer is yes, you can have a pending I-140 petition while on an E-2 visa, but careful planning and timing are essential. Here’s what you need to know to avoid potential pitfalls.
Understanding the E-2 Visa and Immigrant Intent
The E-2 visa is a non-immigrant visa, which means it generally requires that the holder does not have an intention to immigrate permanently to the United States. On the other hand, an I-140 petition is a step toward permanent residency, which signals immigrant intent. This difference can raise questions when you try to maintain or renew an E-2 visa while also pursuing an I-140.
Timing Is Key
If you’re already on an E-2 visa and have a few years before needing to renew it, applying for an I-140 should not be a major issue. The important factor is to carefully manage the timing of your I-140 petition and E-2 visa renewal. Filing an E-2 visa renewal too soon after the I-140 could raise concerns about your intent, as consular officers may question whether you still qualify for the E-2 visa based on its non-immigrant requirements.
Consider Consular Processing vs. Adjustment of Status
When filing an I-140 petition, you will have to choose between consular processing and adjustment of status. To avoid signaling immigrant intent while holding an E-2 visa, it’s generally advisable to indicate consular processing on your I-140 petition. By doing so, you convey that you plan to pursue permanent residency through a consulate outside the U.S., which can reduce concerns about dual intent.
Avoid Filing the I-485 Adjustment of Status
Another key point is to avoid filing an I-485 Adjustment of Status application while on an E-2 visa, as this would directly conflict with the non-immigrant intent requirement. The I-485 clearly signals your intention to stay permanently, which could complicate future E-2 visa renewals or entry into the United States.
Work with an Experienced Immigration Attorney
Given the complexity of managing these two processes, it is crucial to work closely with an experienced immigration attorney. Your attorney can help you:
- Plan the timing of your I-140 filing to avoid conflicts with E-2 visa renewals.
- Select the right processing option on your I-140 petition to minimize risks.
- Prepare for potential questions at the border or during visa renewals.
Conclusion
While it’s possible to pursue an I-140 petition while holding an E-2 visa, careful management of timing and strategy is essential to avoid violating rules regarding immigrant intent. Working with a knowledgeable immigration attorney can help you navigate these complexities and keep both your E-2 visa and green card process on track.
If you’re considering filing an I-140 petition while on an E-2 visa, schedule a consultation with us to ensure you take the right steps for a successful application.
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