Can E-1 visa holder married to a US citizen file for adjustment of status (I-485 & I-130 concurrently)?

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There is a note on form I-485 excluding individuals with A, E or G non-immigrant status from using this form. How do I have to interpret this, and how would filing for adjustment of status affect my ability to work in my current E1 sponsored position until the application is approved?

Attorney Answers

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Giacomo Jacques BeharImmigration AttorneySan Diego, CACA licensed ·
You seem to be confused. There is NO "note excluding" or preventing individuals like yourself on E-1 Treaty Trader visas from filing for the "combined processing" of Adjustment of Status (I-130 + I-485) in the US through marriage to a USC. All you are required to do as an "E" visa holder is to file the a Form I-508: The purpose of Form I-508 is used for individuals who are working for foreign government mission in the United States and are seeking to apply for an adjustment of status. Form I-508 requires that applicants be lawful permanent residents, or non-immigrants in A, G, or E status. The applicant filing Form I-508 must state that he or she believes that they have an occupational status which entitles them to non-immigrant classification under paragraph 15(a) (Government Official), 15 (e) (Treaty Trader or Treaty Investor) or 15 (G) (International Organization Representative) of section 101 (a) of the Immigration and Nationality Act. Form I-508 specifies that applicants seeking adjustment of status must waive certain diplomatic rights, privileges and immunities. Form I-508 also advises applicants that if approved he or she will be obligated to pay United States income taxes on the salaries paid to them by foreign governments. You can continue working on your E-1 sponsored position until the very day your I-485 Adjustment of Status is approved. In fact, I always recommend to all clients holding valid non-immigrant work visas like yourself to continue maintaining their valid NIV status until the very day when they are finally admitted into lawful permanent status, as an "insurance" policy, not really in marriage-based cases, but mainly in employment-based green card case, in case something were to go wrong with their EB AOS case. You can do the same in your situation as well if you so wish, but as part of your I-485 package you will be applying for a work permit (it is free) and should get it within 60-70 days. Thus, if you are not yourself the principal E-1 visa holder, but an employee of an E-1 registered Co., you will have the ability to change employers upon filing the I-130 & I-485 package. Best of luck!
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Douglas Cowgill 4010907.Html ·
You are eligible to waive this ineligibility by filing Form I-508 along with your other documentation. You should consult an immigration attorney in your area to ensure this is done properly
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