Legal Question in Immigration Law in California

Re: apply for E-2 while MTR pending

As the other Attorneys said,your matter is complex and you should get an attorney. If you are located in Orange, San Diego or Imperial Counties, you can email me your contact info, so we can discuss your particular situation. There is no charge for consultation.

Re: apply for E-2 while MTR pending

That may be an option, but you may also want to look at current Please contact my office if you want to discuss the details of your situation.

Re: apply for E-2 while MTR pending

Although you did not state so in your question, you must have filed the I-485 concurrently or shortly thereafter with the I-130 because you received employment authorization. The E-visa is a nonimmigrant visa and so if you were out of status on the F-1 prior to having filed the I-485 (adjustment of status) , you can't change status while still in the US. You'd have to do consulate processing. If you were still in status on the F-1 when you filed for adjustment, then it might be possible to change status to E-2 since while having a pending I-485 an alien is considered to be in an authorized period of stay. The MTR means that the I-485 is still technically pending.

Larry L. Doan, Esq.

Re: apply for E-2 while MTR pending

The major issue we see is the conflict between the declared intent to immigrate to the U.S. and the underlying nonimmigrant intent required for the E-2 visa classification. The matter is complicated and we anticipate that you have sought competent immigration counsel.

Re: apply for E-2 while MTR pending

There are several issues:

1. The extent to which the bonafide marriage issue is real. If the marriage is not real, then the consul would wish to deny the E-2 based on prior fraud, for which you might be able to qualify for a waiver.

2. Immigrant intent issue which usually isn't a problem for E-2s, but given the issue with the marriage, then this could also be a larger issue.

3. The strength of the E-2 independent of the prior I-130 and presumed I-485 adjustment application (by virtue of your mentioning having employment authorization).

If you marriage was real and that was the sole issue then, I can win your case. If it was not real, then you're probably wasting your money and time as the consul will need to know about the prior case. Disclosure is the best bet to getting to approval.

I have handled difficult I-130 issues where fraud was suspected but since marriage is real, though unconventional, we have found approval at the end of the day. While you may or may not wish to pursue the green card ultimately, the issues in the prior case will affect the E-2.

Check me out at http://www.yardum-hunter.com or email me at [email protected].

Sincerely,

Alice Yardum-Hunter, Attorney at Law, Certified Specialist, Immigration & Nationality Law, State Bar of CA., Bd. of Legal Specialization