New Policy Guidance from USCIS
In general, the spouse of a U.S. citizen who resides in the United States may be eligible for naturalization based on the marriage under section 319(a) of the Immigration and Nationality Act (INA). Children who have not already acquired U.S. citizenship through a parent may be eligible to naturalize under special provisions within INA 319. Qualified persons include children who obtained lawful permanent resident (LPR) status based on having been battered or subjected to extreme cruelty. In addition, surviving children of deceased U.S. armed forces members who died during a period of honorable service may also qualify. This updated Policy Manual guidance is controlling and supersedes any prior guidance.
E2 Visa Overview
The US Embassy in London has given the following concise overview of E1 and E2 type visas.
"Treaty Trader visas (E-1) and Treaty Investor visas (E-2) are nonimmigrant visas for citizens of countries which the United States maintains a treaty of commerce and navigation (9 FAM 402.9-10). The applicant must be coming to the United States to engage in substantial trade, including trade in services or technology, in qualifying activities, principally between the United States and the treaty country (E-1); or to develop and direct the operations of an enterprise in which the applicant has invested or is in the process of investing a substantial amount of capital (E-2).
The Treaty Trader and Treaty Investor visas were established to facilitate and enhance economic interaction between the United States and other treaty countries. They were not intended to serve as a means for foreigners to retire or merely reside in the United States. U.S. law (see paragraph 101(a)(15)(E) of the Immigration and Nationality Act) explicitly states that E-1 visa holders must enter “solely to carry on substantial trade” and E-2 holders “solely to develop and direct the operations of an enterprise” in which he or she has invested. Moreover, these visas are nonimmigrant visas and thus temporary. Treaty trader/investor visas can be renewed or extended only if the investment or trade continues to meet all applicable requirements of U.S. immigration laws and regulations. Persons wishing to remain indefinitely in the United States should apply for the appropriate immigrant visa." -US Embassy London
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Here you will find all your United States immigration-related opinions by the Karim Law team, articles/news from other sources, and information relevant to the most pressing topics in the field of immigration law.