Bethesda, MD asked in Immigration Law for Maryland

Q: I am in US on B1/B2, If I adjust status on e2 investor visa, my visitor visa will stay there or will be revoked?

Hi,

I have been to US on visitor visa before for tourism and to see my sister's family who are US citizens. She wants to file immigrant petition for me, that I understand a long road to go. I really like US and was thinking to invest in a business that my sister runs. (Child Care Facility). I am currently in US for summer. I am confused because If I apply for E2 investor from here to USCIS (i.e adjust status) through a lawyer from your firm :

- Does that effect my visitor visa , or my visitor visa will stay valid?

- if you get my e2 approved and I start my business with my sister (US citizen) here, can she also apply for immigrant visa for me while I keep my business going on e2 during wait times for F4 category.

- I don't want to bound myself to not to visit my home country since I have my property there. can any of the above scenario prohibit/abstain/or bound me to travel back and forth?

Many thanks

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1 Lawyer Answer

A: You cannot hold 2 types of status (B2 and E-2 or green card). Assuming your sister's family petition is approved, since you will be "changing" status from B2 to E2, you must maintain the E-2 status until a visa number is available (right now it's about 12 years). Unlike asylum, you can travel on a B-2 and E-2 visa. Hire an immigration attorney.

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