U-Visa Derivative Status Guide
The U-Visa is a crucial immigration benefit that offers protection and legal status to victims of certain crimes who assist law enforcement. Additionally, qualifying family members of U-Visa recipients may also be eligible for derivative U-Visas. In this article, we will explore the concept of U-Visa derivative status guide and understand who qualifies as a derivative U-Visa holder.
1. Who Qualifies for Derivative U-Visa Status?
The U-Visa program allows certain family members of the primary U-Visa applicant to obtain derivative U-Visa status. Qualifying family members include the spouse, children (unmarried and under 21 years old), and, in some cases, parents of the primary U-Visa applicant. It is essential to note that derivative status is available only to individuals who can demonstrate their relationship to the primary U-Visa applicant.
2. Benefits of Derivative U-Visa Status
Derivative U-Visa holders receive similar benefits to the primary U-Visa recipient. They are granted legal non-immigrant status and can reside and work legally in the United States for up to four years. Additionally, derivative U-Visa holders may be eligible to apply for work authorization (Form I-765) to support themselves and their families.
3. Including Derivative Family Members in U-Visa Application
To include qualifying family members in the U-Visa application, the primary U-Visa applicant must submit a Form I-918, Supplement A (Petition for Qualifying Family Member of U-1 Recipient). This form is used to request U-Visa status for each eligible family member. It is crucial to provide sufficient evidence of the family relationship, such as marriage certificates, birth certificates, or other documentation, to support the inclusion of derivative family members.
4. Derivative U-Visa for Children
Derivative U-Visas are particularly essential for children of primary U-Visa applicants. Children who are granted derivative U-Visa status are allowed to attend school in the United States, access essential services, and pursue their dreams in a safe and protected environment.
5. Derivative U-Visa for Spouse
The spouse of the primary U-Visa applicant may also be eligible for a derivative U-Visa. Derivative spouses can work legally in the U.S. and contribute to the household income while the primary U-Visa recipient assists law enforcement with the investigation and prosecution of the crime.
Understanding derivative status under the U-Visa program is crucial for qualifying family members seeking protection and legal status in the United States. By recognizing who qualifies for derivative U-Visas and the benefits they offer, families can navigate the application process with confidence and ensure a brighter and more secure future for everyone involved.