Our clients with pending I-526 applications want to know whether they could apply for an E2 visa while their immigrant intent EB-5 petition is pending.
We have many clients with pending I-526 applications. They are frustrated with the lapsed Regional Center program and longer than usual processing times. They would like to know if they could apply for an E2 visa while their immigrant intent EB-5 petition is pending.
Answers
This should not pose a problem to your clients, especially if they indicated consular processing in their I-526 petition. In theory, applicants are discouraged from pursuing nonimmigrant intent visas once they file for an immigrant intent visa such as EB-5. In practice, however, after EB-5 petition filing, we see many students obtaining F-1 student visas. In other words, you could have a long-term immigrant intent while having a short-term non-immigrant one. Once the E-2 or the F-1 expires, applicants should return to their home country and apply for the conditional green through consular processing.
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