Son of E2 US visa holder forced to leave US for turning 21

Despite arriving in the US as a 7-year-old child, Laurens van Beek faces being kicked out of the US for turning 21 in July, 2018. Laurens’ father, Harold van Beek, arrived in the United States 14 years ago from the Netherlands and eventually settled in Iowa having come to the country as an exchange visitor, before being granted an E2 visa.

Sanwar Ali workpermit.com comment:

In the US, unfortunately, lengthy stays on non-immigrant visas such as the E2 visa, E1 visa, L1 visa, H1B visa do not lead to “green card” visa status. However, being in the US on a non-immigrant visa may in some circumstances make it easier to obtain a “green card”. Employees on E2 visas may be able to come under an employment based immigrant visa category if they meet the specific requirements. This may mean in many cases the employer having to meet the time consuming and difficult labor certification requirements.

Child dependents who no longer meet the E2 dependent requirements may have other options. However, as in this case it may not turn out to be that easy staying in the US. Possibly E2 dependents could under an E2 work visa, some other work visa such as an H1B visa or perhaps F1 student visa. Some E2 investors and their families may qualify for the EB5 immigrant investor scheme after investing at least half a million dollars and so gain green cards that way.

Lets not also forget the EB1C employment based immigrant green card for international executives and managers. Those being transferred over to the US by an overseas office that will continue while they are in the US may be able to come under this immigrant visa category. You can gain a green card without having to complete the labor certification requirement. One the best ways to gain a permanent immigrant visa for the US.

The E-2 visa is available to foreign nationals who start or invest in a new business in the US and hire American workers. The investor visa covers Harold van Beek, his wife Astrid and son, Laurens. Along with his wife, Mr van Beek (Harold), owns and operates family-run business, ‘Jewelry by Harold’ in North Liberty, Iowa.

Laurens, who is currently 20 years old, has his 21st birthday in July, 2018. In accordance with E-2 visa rules, Laurens could be forced to leave the US and return to the Netherlands – a country he has little memory of – because he would no longer be classified as a dependent covered by his father’s US E-2 visa status.

US citizen

Laurens is a computer science major at the University of Iowa and, despite his Dutch roots, considers himself a US citizen and said that returning to the Netherlands to live would be difficult for a ‘variety of reasons.’

He said: “I would have to travel to the Netherlands and try to find a job there, which is difficult when you don’t read or write the language very well.”

Harold van Beek said that his E-2 visa status doesn’t make him eligible for a US green card (permanent residency) or citizenship, which could help his son. He did say that his son could obtain a foreign student visa in order to complete his studies in Iowa, giving Laurens a deadline of May 2019 to resolve his future in the US.

Harold van Beek said: “My son has until May 2019, then it’s the end of the line. He will then have 30 days to leave the United States.”

US visa restrictions

Meanwhile, Laurens has been left in limbo, with his current US visa status prohibiting him from getting a Social Security Card or working full time. Under his student visa, Laurens can work for 20 hours, but only on his University Campus.

Harold van Beek has approached Iowa’s Congressional delegation for assistance from political leaders. He did hear from the office of Republican Senator for Iowa, Joni Ernst, but received no specific advice.

In accordance with US immigration laws, as a computer science major, it’s possible that Laurens van Beek could be eligible for an internship program following his graduation, which would allow him to remain in the US for up to 27 months.

Should he qualify for an internship, his employer could potentially keep him on and sponsor a US work visa for Laurens to remain as a permanent member of staff. However, the van Beek family conceded that there’s a lot of ‘ifs and buts’, and no actual guarantees.

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