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SAINT-LAZARE · E-2 FIELD GUIDE

Should the family wait for the estate before planning to accompany the investor?

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THE DIRECT ANSWER

The household can prepare while the estate is administered, but an investment delay may also delay the principal’s E-2 case and derivative travel. Assess an eligible spouse and unmarried children under 21 individually, including ages and relationship documents. Their requirements remain distinct even though their derivative eligibility depends on the investor.

Allow for the principal’s funding delay in the family plan

A spouse’s proposed income should be budgeted only against an actual lawful work route. Valid qualifying E spouse status can provide employment authorization; check evidence such as an unexpired I-94 annotated E-2S under the applicable verification rules. E dependent children cannot work on that basis. Retain flexibility in school and housing dates while the investor’s capital record is completed.

Family members can require their own applications and appointments, so dates are not shared or guaranteed. A qualifying E spouse may be employment-authorized incident to proper spousal status, but signing a purchase agreement or having a pending application does not activate permission. If either spouse is only a Canadian permanent resident, remember that permanent residence and citizenship are distinct facts when assessing treaty nationality. Children who grow up in the United States on derivative status lose it at twenty-one and may then face a difficult transition.