I was unable to find a reason you cannot apply for a green card now,
and there are programs in place where you can convert your status in
an attempt to immigrate. This is very complicated though, I'd hire an
immigration specialist (attorney) to assist in the paperwork, being
that as an E-2 Visa holder, you are not without funds.
That said, if your intent is to stay in the US, you already can,
indefinitely. You have tax advantages with an E2 status, and your
family can come to the US as well.
Here is some information on converting your status:
18. Can I apply for Green Card while on E-2 visa?
..."Yes, you may apply for Green Card while in the U.S. through the
? Family Based Immigration: If you have close relatives who are
U.S. citizens or U.S. permanent residents, the relatives may file an
immigration petition for you as the beneficiary.
? Employment Based Immigration (Labor Certification): You can
attain immigrant status through employment-based immigration. You may
find an employer who is willing to file a Labor Certificate for you
with the DOL.
? EB-1: You may also file an immigration petition based on the
classification of ?Alien of Extraordinary Ability? - EB-1(A) or
?Multinational Manager or Executives? - EB-1(C).
? National Interest Waiver: You can also file an immigration
petition through a National Interest Waiver (NIW). National Interest
Waivers are available to foreign nationals who are seeking work in a
profession and who have an advanced degree (or equivalent experience)
or can prove themselves as ?aliens of exceptional ability?.
Have you heard about this? :: Investment Green Card
..."Due to the small number of applications received from persons
seeking green cards through investment, the INS has issued regulations
making it substantially easier for investors to qualify for permanent
residence that a literal reading of the law would suggest.
The structure of this provision of law is based upon the Immigration
Marriage Fraud Act of 1986. In order to deter fraud, all alien
registration cards issued by INS based on this provision are
conditional, with a two-year expiration date. The condition is removed
if, at the end of the period, the investor remains in full compliance
with the law..."
Keep in mind that you signed a statement that you had "non-immigration intent":
E-2 TREATY INVESTOR VISAS
..."The E-2 visa applicant must have nonimmigrant intent ? that is,
they must intend to depart the US after their authorized period of
stay is over. However, unlike other most other nonimmigrant visa
categories, this requirement can be met if the alien simply provides
the consulate with a statement indicating non-immigrant intent.....
[Additionally, note the next paragraph --the rules for staying in the
US are very favorable to the E2 Visa holder]
.....Visas may not be issued for more than five years, but they may be
renewed continuously without a limit on stay in E-2 status. Spouses
and children of E-2s are entitled to visas as well. E-2 family
members are not subject to deportation proceedings because they accept
employment, but they will be considered out of status and ineligible
to change or adjust their visa status in the US. There are no
restrictions on family members pursuing studies while in E-2 status,
All these steps should look familiar to you:
E2 Visa (Treaty Investors)
Click through to pages 2 & 3.
..."There are significant benefits to those who qualify for E visas,
as opposed to other non-immigrant visas. For instance, as long as E
visa holders affirm that they will depart the U.S. upon the expiration
of their authorized stay, they are able to extend the duration of
their visas virtually forever and do not need to demonstrate ties to
their home country..."
I hope all this helps!
"Apply for a green card" "E2 status"
"green card" "E2 Visa"
Same as above with E-2