A recent update to the Foreign Affairs Manual (FAM) has removed language specifically addressing whether dependents are able to obtain a visa from a consulate when the principal visa holder receives an E visa change of status approval. The text is now silent on this issue—but a separate section of the FAM may provide needed clarity.
Another section within the FAM supports dependents’ eligibility to obtain visas even when the principal visa holder has achieved a status change without leaving the US. We want to help clarify from our perspective what this means and how dependents can proceed with their visa applications.
Clarifying Changes to FAM Guidance on Dependent Visas
For clarity on the removed language, we look to 9 FAM 402.1-6. This section explains that derivative beneficiaries—spouses and children—are still eligible to apply for visas when their principal maintains legal status in the US, regardless of whether the principal has received a visa in the classification sought by the dependent.
For example, a foreign national in the US on an F-1 student visa who changes status to an E-2 treaty investor would not necessarily need to travel outside the US to secure an E-2 visa stamp. If the principal’s dependent spouse or child needs to join them, they can apply for nonimmigrant E-2 dependent visas. Eligibility must be confirmed with supporting documentation such as marriage or birth certificates, a copy of the principal’s change of status approval notice (I-797 Notice of Action) and any other documents related to the principal’s status filings.
Another example would be if a foreign national arrived in the US on a B-1 visa for business and later switched to an F-1 student visa. In this case, the spouse or child would be eligible to apply for an F-2 visa by showing a properly endorsed Form I-20, a Certificate of Eligibility for Nonimmigrant (F-1) Student Status – for Academic and Language Students. This confirms the principal’s current or impending (within 60 days) enrollment in a full course of study or participation in practical training.
Reciprocity Agreement Impact on Dependent Visa Status
While a principal visa holder’s approval may establish their dependent’s eligibility for an E visa, if a dependent has a passport from a treaty country, the visa can only be issued based on the reciprocity of the dependent’s country. The reciprocity agreement may influence the type of visa issued, its validity, and the conditions attached to it. For example, if the dependent holds a passport from a country that has a restrictive reciprocity agreement with the US for E visas, the consulate may limit the visa duration or impose other conditions based on the country’s specific agreement with the US.
Your Visa Solutions With Valvo & Associates
At Valvo & Associates, we understand that working through visa applications, adjustment of status, and other immigration matters for dependents requires a careful approach. We’re here to help you and your family evaluate the best options, explain eligibility in straightforward terms, and help you move your case forward to keep your family together in the U.S. Contact Valvo & Associates to discuss how we can help with these and related immigration matters.