While the E-2 Visa status is not equivalent to a green card nor does it provide a pathway to citizenship, it does allow the E-2 holder an indefinite time frame of stay – as long as the investment enterprise is still in business.
One of the benefits of the E-2 Treaty Investor is the ability for the principal to extend his status to his dependents as long as the principal maintains his status. Therefore, it is important that principal investors continue to maintain E-2 status or they may adversely affect the corresponding statuses of their dependents.
Immigration Status Example
For example, let’s consider a non-immigrant who is in the United States as an E-2 Treaty Investor and has three dependents, a wife and two children, who are also on E-2 status.
The principal E-2 Treaty Investor becomes eligible for a U-Visa on the basis of being a parent of a child who has become a victim of a crime. In this case, the E-2 principal investor is indeed eligible for a U-Visa as the parent of a victim. However, a non-immigrant is only allowed to hold one status at any given time.
If Changing Visa Status – Extreme Caution Needed
Therefore, if the E-2 principal elects to switch to a U-Visa, the E-2 child may potentially lose E-2 status and begin accruing unlawful presence in the United States once the transition is made.
As such, the principal investor should always strive to make sure that their business is economically profitable. And should check with an immigration attorney of any immigration benefits they wish to pursue so that a full analysis of the immigration consequences may be done.
Immigration Questions? Please Contact VERDIN
VERDIN boasts a combined 70 years of experience in immigration law. Since its inception, VERDIN has gained a reputation for prevailing in even the most complicated immigration matters.
“We will listen to your concerns, answer all your questions, and expertly guide you through your immigration process.” ~ Isaul Verdin, Founder and Managing Attorney
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