What Happens to my Immediate Family when I Receive an E2 Visa?

18 Feb 2021 • Written by Jared Leung

What Is an E-2 Visa?

An E-2 visa is for individuals from countries that have a treaty of commerce and navigation with the United States.

Are Immediate Family Members Covered under the E-2 Visa?

The spouse and unmarried children under 21 years old of the E-2 investor are covered and may apply for E-2 dependent visas..

The spouse of an E-2 investor is eligible to apply for a work permit. He/she may apply for that after entering the U.S. on E-2 dependent status. The application generally takes about 90 days. .

Unfortunately, E-2 dependent children are not eligible for work permits.

On your child’s 21st birthday, he or she will no longer be eligible to remain in the U.S. as a dependent on your E-2 visa. When this occurs, your child would be required to leave or apply for his or her own visa. For example, if your child is studying at a university but will not be finished by the time he is 21, he can apply for an F-1 student visa. We advise to start the process when the child turns 20, because it may take a long time to convert the child’s status to another status, and we want to avoid any gap in authorized stay.

What Do I Do if My E-2 Visa Application Is Denied?

You must have an interview with the Consular Office before you can be approved for a visa, but the answers that you give during this interview can lead to a refusal. Or, there may be a deficiency in the documents. Unfortunately, a consular officer’s denial decision cannot be appealed. Most of the time, the consular officer will tell you why the application was denied. We can address the specific concerns that the consulate officer has, and you can apply again. . You may need to consult with an immigration attorney Scottsdale to decide what is the best course of action. .

After you are approved, you may travel to the United States and be welcomed in on your E-2 visa. Your family members will have to wait for you to travel to the United States because they will not be allowed in without you as the principle alien. Contact an Immigration Attorney Scottsdale, AZ at the Law Office of Jared Leung if you have any questions.