Skip to main content

Can I apply for an E-2 visa for my Dependents if I Changed Status in the U.S.? Can my Family apply for an E-2 visa at the Consulate?

By July 18, 2019May 13th, 2021E-2 Visa, Immigration, Investor Visas
Labeled for reuse:

When in the U.S., it may be possible to apply to change status to E-2 status.  (Eg. moving from an F-1 to E-2) If an applicant changes status in the U.S. and has family members abroad, the question comes up as to whether the family can get a Visa at the Consulate.

Most immigration practitioner would say that the clear answer to this question is No. That is, that it is not possible for family members to get an E-2 visa at a Consulate if the primary applicant only has a change of status.

Recently though, I met an immigration practitioner that has done this successfully twice.  In addition, the following description in the regulations that Consular officers use to adjudicate petitions support that this is possible:

Derivative beneficiaries are entitled to apply for visas to follow and/or join principals who are maintaining status in the United States, even when the principal was never issued a visa in the classification being sought by the dependent.  Take, for instance, a world-class soccer player, who changes his or her status from F-1 to O-1.  The spouse and/or children are entitled to apply for nonimmigrant O-3 visas.  Typical documentation for establishing entitlement to visas in such an instance might include marriage and birth certificates for the spouse and dependent(s), a copy of the principal beneficiary’s approval notice, and any Form I-797, Notice of Action notices relating to the dependents’ own change of status filings. 

 It should be noted that the two examples cited in the FAM are not E-2 visa examples (and E-2 visas at times have different rules – eg. you cannot get a visa stamp the same way that you can with an H-1B after an I-797 approval but rather the E-2 visa petition is adjudicated at the Consulate from scratch) and Scott Legal, P.C. would be reluctant to send family members to the Consulate in this instance.  That being said, it could be an option.

FREE E-2 Visa Resources

Click on the buttons below in order to claim your free E-2 Visa Guide, sign up for our free E-2 Visa Webinar, join our Facebook Group, or watch our E-2 Visa videos.

Download Our E-2 Visa Guide
Sign Up For Our E-2 Visa Webinar
Join Our E-2 Visa Facebook Group
Watch Our E-2 Visa Videos

Set up an E-2 Visa Consultation

For a dedicated one-on-one E-2 Visa consultation with one of our lawyers, click on the button below to schedule your consultation.

Schedule a consultation

This website and blog constitutes attorney advertising. Do not consider anything in this website or blog legal advice and nothing in this website constitutes an attorney-client relationship being formed. Set up a one-hour consultation with us before acting on anything you read here. Past results are no guarantee of future results and prior results do not imply or predict future results. Each case is different and must be judged on its own merits.

Leave a Reply

We are happy to offer our E-2 visa guide that describes the E-2 visa requirements, and other advise to assist with your E-2 visa application.
For more info visit our E-2 visa service Page or schedule a consultation so we can handle your E-2 visa process.  You can also sign up for a Free E-2 Visa Webinar here.