If you are outside the United States, the only way to immigrate to the U.S. is to obtain an immigration visa from a U.S. consulate (which by definition is always overseas).
There is generally a bar on adjusting status if you enter the U.S. under the Visa Waiver Program. This is unless you are an immediate relative of a U.S. citizen. However, the USCIS will make exceptions. One exception is if you request an adjustment of status to the E-2 classification.
The E-2 nonimmigrant classification changes your status to “E-2 Treaty Investor.” E-2 classification initially enables nationals of a treaty country to be admitted to the United States for two years if they invest, or in some cases their employer invests, a substantial amount of capital into a United States business. Extensions are granted for up to 2 years, with no limit on the number y
Adjustment of Status
After the USCIS processes your application, it will change your status to E-2 Treaty Investor. Investors are generally get automatic two-year period of readmission when returning to the United States. This means you can travel freely in and out of the United States, for two years.
However, if you cannot stay in the United States while the USCIS processes your change of status (which can take several years), you must apply for an Investment Visa at a U.S. Consulate (which has a much shorter processing time of around 4-6 months). This is consulate processing.
An E-2 Investor Visa is basically the overseas form of E-2 classification. Persons outside of the U.S. apply for this option through consular processing. The E-2 classification and Visa both make you a “Treaty Investor.” They both have the same general qualifications, terms and conditions, and family immigration rules. However, their application processes are entirely different.
If you have any questions or would like more information about becoming an E-2 Treaty Investor, contact Boyer Law Firm today.
