E-2 Visa or Family Sponsorship

Hi all,

I lived in the US from 2000 to 2005 on an L1 visa but when I left my ex wife and kids stayed on. Kids will soon become US citizens and they keep asking if I want to back there to live.

I'm starting to warm to the idea so my main option to get back in is through an E-2 visa and buy a franchise or something. Or should I wait until the kids have citizenship and that way they can sponsor me. The kids are 30 and 27 years old by the way. The thinking cap is on.

But either way. Even if I do go back through family sponsorship I would still be looking at starting a business. Any thoughts anyone?



I think it is pretty simple. Read up on E2 requirements and renewals on uscis.gov versus Green Card through immediate family.

The processing time of an petition for an E-2 is usually shorter by a couple of months than that of a Immediate Relative I-130 petition/Green Card

However, under the concept of dual intent, you can intend to leave US after you have finished your E-2 business in the U.S., but also can intend to seek permanent residence and stay in the United States – as in an Immediate Relative Family petition for a Green Card

Fortunately under this dual intent for E-2 applicants, if your child files an immigrant visa petition for you, no worries about losing your E-2 status.

The above is factual, and to be considered as legal advice.  You should consult an immigration attorney for further information and legal advice.

Robert M. Brown II, Esq.

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