# E2 visa to permanent residency



## sdolan136 (Mar 11, 2010)

Hi, 
My wife and I have been living in the US for nearly 5 years now on an E2 visa.
We have just started the process of applying for our "Green Card" with my wife's employer acting as our sponsor. One of the main reasons for doing this is our son is 16 and currently unable to get any part time work and we have been told he can only stay in the US as long as he is in full time education.
How long does this process normally take, is there any way of speeding it up and is there any other way our son can stay in the US if he decides to leave education?


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## Fatbrit (May 8, 2008)

sdolan136 said:


> Hi,
> My wife and I have been living in the US for nearly 5 years now on an E2 visa.
> We have just started the process of applying for our "Green Card" with my wife's employer acting as our sponsor. One of the main reasons for doing this is our son is 16 and currently unable to get any part time work and we have been told he can only stay in the US as long as he is in full time education.
> How long does this process normally take, is there any way of speeding it up and is there any other way our son can stay in the US if he decides to leave education?


The length of time it takes depends on your wife's employment classification -- EB1, EB2 or EB3. The first two categories have no line to wait out so expect around a year or less for processing the paperwork. The last they're currently processing those who applied in December 2002 -- so there's a long, long wait.

The 16 year old doesn't have to be in education. However, he can't work on an E2 or get married. He's good until he turns 21. Then he's on his own unless he manages to secure the green card. However, there are plenty of ways round this situation. He could, for example, join the business with you. Or become a student but do something vocational on an F1 visa if he's not academic. You should Google for age-out issues that might arise with your son - I don't even pretend ot understand them myself..

Don't know whether you've got an attorney, but trips outside the US with an immigrant petition pending could be problematic. Or rather, the getting back in could be!


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## sdolan136 (Mar 11, 2010)

Maybe I should clarify.
It is also my wife's employer who are sponsoring us with our E2 visa, and because we have decided to make our stay here more permanent, they are also sponsoring us for our green card.
I asked a lawyer about my son applying for his own student visa, to enable him to get part time work, but he advised that it would remove him from our joint green card application and he would then have to apply for that separately.


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## Fatbrit (May 8, 2008)

sdolan136 said:


> Maybe I should clarify.
> It is also my wife's employer who are sponsoring us with our E2 visa, and because we have decided to make our stay here more permanent, they are also sponsoring us for our green card.
> I asked a lawyer about my son applying for his own student visa, to enable him to get part time work, but he advised that it would remove him from our joint green card application and he would then have to apply for that separately.


You're in lawyer territory here. If your wife's position can pass muster as a company executive to get you into the EB1 category, then your should all have your green cards pretty quickly. If it's the EB3 category, then you've got much more complex problems.

But to answer you concerns....your son does not have to remain in school while in E2 status. His only obligations are: avoid contact with law enforcement, don't work and stay unmarried.


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## amirsukhera (Jan 6, 2013)

Do you know any good Attorney looking after E2 Visa..Thanks


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## Davis1 (Feb 20, 2009)

amirsukhera said:


> Do you know any good Attorney looking after E2 Visa..Thanks


You dont say where ...
AILA's Immigration Lawyer Search


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## amirsukhera (Jan 6, 2013)

Well in US and soon i shall be going to US to make investment in FL..I am an Australian citiizen


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