E-2 dependent and divorce

[zz2006]

My parents have been on numerous visas in the United States for 25 years now. They are currently on E-2 visa status (my dad is the primary holder and my mom is his dependent). Unfortunately, he hasn't applied for a green card and decided that he wants to divorce my mother in the mean time. What are her options? By the way, he refuses to give my mom her documents. My brother is a U.S. citizen but he's only 18...it's a terrible situation. Please help!!!

[thevisaexpert]

Unfortunately your mom will lose her dependent status upon her divorce. If she wants to remain the U.S. she will need to change her status, possibly to a visitor. You didn't mention which country your family is from. Perhaps your mom could open her own business and obtain her own E-2 visa. If not, I would recommend she change her status to that of a visitor, assuming she does not work. That will at least buy her some time to try to sort things out.

[zz2006]

Thanks for your reply. Well, things have only gotten worse. Apparently, my father filed for an extension and it was denied in july 2006. We found this out yesterday after his attorney sent home a certified letter stating the outcome. Does my mom have any rights? Domestic abuse is a crime so I assume there should be some law out there protecting her. Help!

[susan ward]

Hi

If the husband was in the US on an E visa then this is a non immigrant investment visa so he either purchased a business or started one up from scratch. It is not normally possible to apply for green card from this visa

It is true that if they divorce then she will loose her E 2 dependant status. However if there are assets then these will need to be split so maybe she will get a few USD ??

I would recommend she purchase a business in her own right, subject to visa approval. Once she has a pending visa application in with the USCIS she can stay till a decision

Shame that I only just saw your post as at www.expatsvoice.org they had on line chat with attorney tonight. The next chat will be in approx one month

[thevisaexpert]

Thanks for your reply. Well, things have only gotten worse. Apparently, my father filed for an extension and it was denied in july 2006. We found this out yesterday after his attorney sent home a certified letter stating the outcome. Does my mom have any rights? Domestic abuse is a crime so I assume there should be some law out there protecting her. Help!

There is a law called VAWA which helps victims of domestic abuse that are married to U.S. Citizens. Unfortunately because your father is not a U.S. Citizen she would not qualify for that. Your mother will really need to find a visa that will work for her. It doesn't seem as though she can rely on your father for any immigration benefit at this point, especially considering his recent extension denial.