E2 visa & applying for gc. Can I leave the US?

[Trektri 0]

Hello

I currently work in the US with an E2 visa.

I am getting married in April to a citizen. I want to apply for the green card right after the wedding. Im confused, can I leave the US in May to attend a friend's wedding in my home country? Or do I need to fill out a specific form while im in the green card process? Any ideas?

Thanks

Alex

[jdh 103]

Hello

I currently work in the US with an E2 visa.

I am getting married in April to a citizen. I want to apply for the green card right after the wedding. Im confused, can I leave the US in May to attend a friend's wedding in my home country? Or do I need to fill out a specific form while im in the green card process? Any ideas?

Thanks

Alex

No. It will take longer than that to get advance parole approved. You need to plan on staying in the country for at least a few months.

[aussie_jason 195]

Hello

I currently work in the US with an E2 visa.

I am getting married in April to a citizen. I want to apply for the green card right after the wedding. Im confused, can I leave the US in May to attend a friend's wedding in my home country? Or do I need to fill out a specific form while im in the green card process? Any ideas?

Thanks

Alex

That timeline isn't going to work, when you file for Adjustment Of Status (AOS) to a Legal Permanent Resident (LPR) you would file for Advanced Parole (AP), which basically allows you to leave (and get back in but it isn't guaranteed) the country without abandoning your Green Card (GC) application, your E2 would still let you get back in the country without AP but leaving without AP would abandon your AOS.

Ideally you would delay your own wedding until after you get back from overseas or you could get married as scheduled and delay applying for AOS but then you could have a hard time when trying to get back in on your E2 but they really have no grounds for preventing you from entering so that shouldn't be an issue.

[jdh 103]

That timeline isn't going to work, when you file for Adjustment Of Status (AOS) to a Legal Permanent Resident (LPR) you would file for Advanced Parole (AP), which basically allows you to leave (and get back in but it isn't guaranteed) the country without abandoning your Green Card (GC) application, your E2 would still let you get back in the country without AP but leaving without AP would abandon your AOS.

Ideally you would delay your own wedding until after you get back from overseas or you could get married as scheduled and delay applying for AOS but then you could have a hard time when trying to get back in on your E2 but they really have no grounds for preventing you from entering so that shouldn't be an issue.

Their grounds would be that the person is no longer considered as non-immigrant but rather someone with immigrant intent. Entering on a non-immigrant visa with intent to immigrate could be a problem. Especially considering that CBP is given complete discretion in allowing people into the country.

Edited January 30, 2014 by jdh

[aussie_jason 195]

Their grounds would be that the person is no longer considered as non-immigrant but rather someone with immigrant intent. Entering on a non-immigrant visa with intent to immigrate could be a problem. Especially considering that CBP is given complete discretion in allowing people into the country.

That is what I was alluding to but USCIS sees the E2 as dual intent but the State Department sees it as a gray area so technically CBP should let him in but as you said they have complete discretion and if they are grumpy that day then you could be SOL.

[jdh 103]

That is what I was alluding to but USCIS sees the E2 as dual intent but the State Department sees it as a gray area so technically CBP should let him in but as you said they have complete discretion and if they are grumpy that day then you could be SOL.

Exactly - and from my experience having lived on a border town...they tend to be grumpy most days. With the rare exception of course.

Also from my experience, they unfortunately aren't all that knowledgeable on immigration policy.

Edited January 30, 2014 by jdh

[Trektri 0]

Thanks for your comments. It sounds like risk is rather high that my application could be cancelled.i guess I need to decide to apply later or not going to the wedding.

[Boiler 46,173]

E2 nay be non immigrant but not usually an issue, anyway in this case all he has done is file, not use EAD or AP.

[aussie_jason 195]

E2 nay be non immigrant but not usually an issue, anyway in this case all he has done is file, not use EAD or AP.

But if he files and leaves the country without AP then he abandons his AOS.

[Hypnos 6,578]

That's true, only H, K, L and V holders can travel overseas without AP and not abandon their application.

[Boiler 46,173]

Good catch