If your dependents are currently abroad, they can apply for their dependent visa in the H-4, TD, O-3 or E-3D categories on the basis of your immigration status documents as well as proof of the relationship. In situations where the dependent was in the U.S. at the moment the primary status holder’s immigration petition was filed, an application for their dependents may have been included by filing a Form I-539. If a Form I-539 was filed with USCIS, a separate Approval Notice for each of the individuals listed on the Form I-539 will be issued by USCIS. If such an Approval Notice was issued, the dependent may apply for his or her visa on the basis of that notice and documentation that you are in fact maintaining your status.