Spousal Green Card Approval for E-2 French National

We received an approval for an adjustment of status to lawful permanent resident for a French national holding E-2 status through his US citizen spouse. Congratulations to our clients!

Applying for a green card for someone holding E-2 status is substantially similar to someone holding another status, except that an additional form needs to be filed: I-508 Request for Waiver of Certain Rights, Privileges, Exemptions and Immunities. As an E visa holder, you are entitled to your visa classification by virtue of a treaty between the United States and your home country. By adjusting to lawful permanent resident, you are therefore abandoning your E status and any privileges accorded from this status. In the case of this beneficiary, adjusting to lawful permanent resident did not affect his employment since he was an E-2 employee (not the owner & investor of the company) and therefore could continue to be work authorized through his green card. However, if someone is an E-2 treaty investor, their company would no longer be an E-2 enterprise because majority ownership would no longer be tied to an E-2 visa holder. Therefore, any E-2 employees of this company would also lose their E status and need to find a different visa classification in order to continue working for the company.

If you are considering an E-2 visa or are currently in E-2 status and wish to adjust through family ties, don’t hesitate to reach out for a consultation at amir@rasoulpourlaw.com.