As an E-2 Treaty Investor Visa-holder, you are taking a risk by leaving your home country and venturing to the United States. If you have a spouse and children, you are taking an even bigger step, as both you and your family will have to adapt to a new environment. The United States requires an additional application process for E-2 Treaty Investor Visa-holders who wish to bring their dependents to the United States with them. Further, if you are an employee of an E-2 Treaty Investor Visa-holder, you are subject to the same rules and requirements of the E-2 Treaty Investor Visa-holder.
United States law allows for E-2 Treaty Investor Visa-holders and employees to be accompanied by spouses and unmarried children under 21 years of age. The nationality of the spouse and dependents does not need to be the same as the visa-holders and employees. Family members of E-2 Treaty Investor Visa-holders and employees must apply for E-2 classification. While spouses may apply for work authorization, children are not allowed to. Spouses must apply for work authorization by filing what’s called a Form I-765 and pay a fee.
As with most non-immigrant individuals residing in the United States, there are procedures that may allow for these individuals to remain in the country for a longer period of time. Once a spouse and children get E-2 status, the period they are allowed to stay in the United States is the same as the E-2 Treaty Investor Visa-holder, which is 2 years. It is extremely important for both the visa-holders and the dependent spouse and children to be mindful of the period of time they are lawfully allowed to stay in the United States. If you have non-immigrant status and wish to apply for immigrant status (such as applying for a tourist visa, visa to attend a college or university, or if you are a dependent child and marry a United States citizen, seeking adjustment of status based on marriage), you must promptly notify and file required forms with United States Citizenship and Immigration Services (USCIS).
Because immigration law is so confusing and convoluted, you may not find the answers to all of your questions online. The USCIS website does provide substantial information regarding what types of visas are available to non-citizens, however, it takes the skill and knowledge of a highly experienced immigration attorney to fully understand what the rules and procedures are. Remember, even one small mistake on an application may lead to you being denied admission to the United States, or it could mean a denial of a request to adjust your status from non-immigrant to immigrant.
The United States offers countless opportunities for the creation and expansion of businesses, but the process for obtaining the necessary status can be very difficult. Many applications are denied each year and many of these people are not able to apply again. You should speak with an immigration attorney to discuss your options prior to applying for an E-2 Treaty Investor Visa.
Contact Geygan & Geygan, Ltd. Today To Schedule Your Consultation
Whether you currently have an E-2 Treaty Investor Visa, or are thinking about applying for one, you will have to consider the impact the Visa may have on your family. It is important to speak with an immigration attorney as soon as possible to ensure you are complying with United States immigration law. Your spouse and dependent children may have opportunities in the United States, and an attorney can help you make the necessary steps to achieve your goals. Contact the law firm of Geygan & Geygan, Ltd. today to schedule a consultation to speak with one of our experienced immigration attorneys to discuss your case. You may reach us by calling 513-791-1673, or you may contact us online to schedule an appointment. We look forward to helping you with your immigration needs.