Can I bring my Parents or Close Relatives with me to the US on my E-2 Visa?

Can I bring my Parents or Close Relatives with me to the US on my E-2 Visa?

The E-2 visa is a visa classification that permits a foreign national to live in the United States to develop and direct the operations of a business. Upon the approval of an E-2 application, an applicant’s spouse and children under 21 accompanying or following to join the applicant are entitled to derivative status in the same E-2 visa classification as the applicant. This permits an E-2 visa holder to travel and live in the U.S. with his/her immediate family. (spouse and children under 21)

One issue for some though is that the E-2 visa does not provide for derivative status for other close family members, such as cohabitating partners or elderly parents. Though an E-2 derivative visa classification may not be available for these individuals, they may be able to travel and live with an E-2 visa applicant in the U.S. on a B-2 visa pursuant to  a special rule (9 FAM 402.2-4(B)(5)).

This B-2 classification may be available to people who are members of a household of a nonimmigrant visa holder in long-term nonimmigrant status, but who are not eligible for derivative status under that visa holder’s classification. This option is not a guarantee but something that may be available.

Generally speaking, this classification is appropriate for cohabitating partners and dependent family members who live with you such as elderly parents. The derivative family member must still meet the B visa eligibility requirements and present evidence to that effect. (eg. proof of ties to home country)

The derivative family member should request that the B visa be annotated to indicate the purpose and length of stay when applying pursuant to 9 FAM 402.2-4(B)(5). Once issued the visa, the derivative family member should request a one-year stay at the time he/she enters the country. The B-visa holder under this classification may apply for extensions of stay for the duration of the principal applicant’s nonimmigrant status in the US, for increments of up to six months.

To find out more about the new rules or other investor visas, contact Scott Legal, P.C.

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Ian E. Scott, Esq. is the Founder of Scott Legal, P.C. He can be reached at 212-223-2964 or by email at info@legalservicesincorporated.com.


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May 8th, 2017|4 Comments

4 Comments

  1. Balbir Singh November 12, 2018 at 10:12 am - Reply

    If E2 visa holder spouse and children can work in USA

    • IanScott November 18, 2018 at 6:28 pm - Reply

      Spouse can apply for EAD children cannot.

  2. Faisal June 9, 2018 at 11:43 am - Reply

    Hello,

    I want to apply for E2 visa. I have a family (my wife, and parents) and they will stay with me in US.
    Currently we all have visit visas for 5 years.
    I am Pakistani national and would be investing $150k in Atlanta.

    appreciate if you can help me to process the E2 visa for me and residence visas for my family so they can stay with me.

    Please confirm your requirements to process the visas.

    Thanks

    • IanScott June 21, 2018 at 9:01 pm - Reply

      Hello and thank you very much for contacting us. We know that the decision to start a business in the U.S. is one that brings many questions to the forefront and we are here to help. This firm was founded on an E-2 visa so we understand much of what you are concerned with. Our goal is to assist you so that you can realize the dream of growing a business in the U.S.. I have attached a link to our E-2 visa brochure below that describes our services and fees and you can see from the brochure that we can also help you with your business plan and your business entity set-up.

      E-2 Visa Brochure

      https://legalservicesincorporated.com/wp-content/uploads/2018/03/E-2BrochureScottLegal2018.pdf

      We would like the opportunity to help you and welcome the chance to set up a one hour consultation with one of our lawyers who regularly processes E-2 visas. This lawyer will be able to answer all of your questions and can give you valuable information so that you can make informed decisions. Our consultations can be arranged based on your convenience and can be done over the telephone, via Skype, or in person.

      Our consultation fee of $250 will be refunded to you if you end up hiring us and I have attached the link to set up a consultation below.

      https://secure.lawpay.com/pages/scottlegalservices/operating

      We hope you decide to give us the opportunity to assist you and please let us know if you would like to set up a consultation.

      Kind regards,

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