E2 visa - Consular Processing or Adjustment?

A

ashford

New Member
I am on E2 status and going to apply for I-140. I have not decided whether adjustment of status or consular processing. In each case:

1) Can I reenter US while my case is pending (i.e. until I receive a green card)?
2) If my I-140 is denied, can I maintain E2 status until it expires?

My lawyer told me that his clients have been reentering US without problem so far even if they chose consular processing (i.e. did not obtain advance parole). Have anyone in the same situation reentered US successfully?? My another concern is that the reentering history would pose risk of denial at the consular interview.

Any advice would be greatly appreciated. Thank you.
 
ashford said:
I am on E2 status and going to apply for I-140. I have not decided whether adjustment of status or consular processing. In each case:

1) Can I reenter US while my case is pending (i.e. until I receive a green card)?
2) If my I-140 is denied, can I maintain E2 status until it expires?

My lawyer told me that his clients have been reentering US without problem so far even if they chose consular processing (i.e. did not obtain advance parole). Have anyone in the same situation reentered US successfully?? My another concern is that the reentering history would pose risk of denial at the consular interview.

Any advice would be greatly appreciated. Thank you.
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If I were you I would stay put in the USA whilst application is in process. If I 140 is denied you can appeal although the majority of appeals are denied. not sure about question 2 sorry

You say your on E 2 status, do you have the visa stamped in your passport? or did you go the B to E 2 route?
 
susan ward said:
If I were you I would stay put in the USA whilst application is in process. If I 140 is denied you can appeal although the majority of appeals are denied. not sure about question 2 sorry

You say your on E 2 status, do you have the visa stamped in your passport? or did you go the B to E 2 route?
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Thank you for your reply. I have an E2 visa stamp on my passport. It is valid until 2010.

I will try to stay in the US as long as possible. But the problem is, if I-140 takes too long to be approved, I need to go out of the US for business trip, even when my case is still pending. So I desperately need advice from those who had E2, applied GC, and tried to reenter.

Additional question:
3) If I choose AOS, will I lose my E2 status just by doing so? If not, when?
4) If I am rejected to reenter the US with E2, can I use AP instead? Is it totally legal?
 
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