Can an E-2 visa holder could apply directly for a greencard? and how long is the process?
Answer:
The E-2 visa is a non-immigrant visa, available to countries from nations which have bilateral investment, commerce, and navigation treaties with the United States. Individuals who qualify will have made a substantial investment in a United States company, and wish to come to the U.S. to develop and direct the business operations of that enterprise. You may check the list of qualifying countries through the USCIS.
Although an E-2 visa is generally NOT considerd to be a path to permanent residency, in SOME circumstances, the holder of an E-2 visa may qualify to apply for permanent residency in the United States.
An E-2 visa is issue for a two year period, and is renewable for an indefinite period as long as the visa holder continues in the same capacity with the business, and the business is actively engaged in trade or services.
In order to seek status as an immigrant investor, an applicant must file CIS Form I-526 with the USCIS. Once the Form I-526 is approved, an immigrant investors may obtain status as a conditional resident either by filing CIS Form I-485 (Application to Register Permanent Residence or Adjust Status) if residing within the United States, or by applying for an immigrant visa if residing abroad. In order to become a lawful permanent resident, eligible investors must file a CIS Form I-829 (Petition by Entrepreneur to Remove Conditions) within 90 days before the second anniversary of an Alien Investor's admission to the United States as a conditional resident.**
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