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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 10895
Experience:  Write FOR JAMES to get my help!
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My brother is on an E2 visa now - needs to be renewed in

Customer Question

My brother is on an E2 visa now - needs to be renewed in 2018. My mother is a LPR. She wants to file the I130 for him, but the back log is aprox 6 years. Since USCIS asks that my brother would have to maintain a lawful status while waiting for a visa number to become available, can he keep extending his E2 while waiting for the visa number?
Submitted: 14 days ago.
Category: Immigration Law
Expert:  Expert James replied 14 days ago.

Hello! Thank you for using Just Answer. I am James, and I will be assisting you. Please give me a few minutes to review your question and prepare a response.

Customer: replied 13 days ago.
Are you still sending me a response to my question?
Expert:  Expert James replied 13 days ago.

Hello there. I do not know what happened, but for some reason, your question did not appear in my list until now. There evidently was some technical issue, but it appears to be resolved.

Please understand this is for informational purposes only. I've reviewed your question and my answers are below. Once you have received the information you need, please do not leave until you have given me a positive rating of 4 or 5 stars. This is how I am compensated for doing my job. So it is very important that you do this. Thank you.

The E-2 status is valid for 2 years at a time, but it can be renewed indefinitely. So yes, he can continue to extend his E-2 status, so long as he continues to be eligible for it.

Note, however, that the E-2 is a non-immigrant status. Therefore, he needs to maintain non-immigrant intent when he enters the US and as long as he is an E-2 status holder. Therefore, if he is ever asked about his mother's petition, he should be prepared to provide evidence of strong ties to his home country, to show that he maintains non-immigrant intent. Evidence of property outside the US, family ties outside the US, community ties outside the US. They may not even ask for this stuff, but it is good to be prepared.

Also, when it is time to apply for adjustment of status, he will need to file form I-508 along with his adjustment of status application. That is years down the road, though.

I hope I have answered your questions.

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Thank you!

Expert:  Expert James replied 11 days ago.

Hi, I’m just checking in to see how things are going.

I see you have reviewed my answer but I did not get credit for answering your question yet. Do you need more help or need me to explain anything else?

Please let me know either way.

Thank you!