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Can Dependents Get an E-2 Visa at a Consulate If the Primary Applicant Changed Status in the U.S.?

By January 28, 2025E-2 Visa
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When a primary E-2 visa applicant obtains their status through a change of status within the United States, dependents often wonder if they can apply for their E-2 visas at a consulate abroad. While the answer is technically yes, it can be quite challenging.

Challenges Dependents Face

Although U.S. regulations allow for dependents of E-2 visa holders to apply for visas at a consulate, most consulates are reluctant to issue dependent visas if the primary applicant does not already have an E-2 visa stamp in their passport.

Common Issues:

  1. No Visa Stamp for the Primary Applicant:
    • When the primary applicant has only a change of status approval and no consular-issued visa stamp, consulates may question the legitimacy of issuing dependent visas.
  2. Consulate Discretion:
    • U.S. consulates have broad discretion in deciding visa applications, and most prefer to see the primary applicant’s visa stamp before issuing visas to dependents.

Why This Approach Is Not Recommended

Given these challenges, attempting to secure dependent visas when the primary applicant lacks a visa stamp can lead to delays or denials.

  • Risk of Denial: Without the primary applicant’s visa stamp, consulates may refuse to issue dependent visas outright.  A denial also means that ESTA ( Visa Waiver) is no longer available.
  • Time and Cost Considerations: Reapplying or addressing denials can increase both the time and expense involved.

Recommended Strategy

To avoid these issues, we advise a more reliable approach:

  1. Primary Applicant Secures Visa Stamp First:
    • The primary applicant should schedule an appointment at a U.S. consulate to obtain the E-2 visa stamp in their passport.
    • This demonstrates to consular officers that the primary applicant’s E-2 status has been vetted and approved.
  2. Dependents Apply Afterward:
    • Once the primary applicant has their visa stamp, dependents can apply at the same consulate or another consulate, as appropriate.
    • Alternatively, the primary applicant and dependents can attend the visa appointment together to streamline the process.

Key Considerations for Dependents and Primary Applicants

  • Documentation Is Crucial:
    Dependents must provide all required documentation, including proof of relationship to the primary applicant and evidence of the primary applicant’s E-2 visa status.
  • Timing Matters:
    Coordinating the timing of visa applications can prevent delays and ensure dependents can join the primary applicant without complications.
  • Consult an Immigration Attorney:
    An experienced attorney can help navigate the complexities of E-2 visa applications and ensure all family members have a smooth application process.

Conclusion

While dependents can technically apply for E-2 visas at a consulate when the primary applicant has obtained E-2 status through a change of status, this approach is often problematic. The recommended strategy is for the primary applicant to first secure a visa stamp at a U.S. consulate, after which dependents can apply with greater confidence.

At Scott Legal, P.C., we specialize in E-2 visa applications and can help you and your family successfully navigate the process. Contact us today to schedule a consultation or explore our free resources for more guidance.

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