In the complex world of U.S. immigration, understanding which family members can accompany the primary immigrant can be confusing and while spouses and children often have the opportunity to join them in the United States, there are important exceptions and criteria to consider. and this derivative visas Nigeria guide will help you understand the intricacies of derivative visas, explaining who can and cannot join the main immigrant, and how to manage this process well.
The Basics of Derivative Visas
When a foreign-born individual becomes eligible for a U.S. green card, either through family sponsorship or employment, immigration laws usually allow them to bring their immediate family members—spouses and children but it’s important to understand the specific criteria that determine eligibility for derivative visas.
Criteria for Spouses and Children
Relationship Definition:
The main immigrant must legally marry their spouse. The child must remain unmarried both when filing the initial immigration petition and when receiving approval for U.S. residence. Additionally, the child must be under 21 years old and can be a biological, adopted, or stepchild.
Immigrant Visa Type:
The spouse or child must be related to the main immigrant, who must hold an immigrant visa that allows for “derivative beneficiaries.” These are family members who can “accompany or follow to join” the main immigrant.
While immediate family members usually can join the main immigrant, there are exceptions. Family members beyond spouses and children, such as parents and siblings, do not have derivative rights.
Types of U.S. Visas That Allow Derivative Visas Beneficiaries
In the U.S. immigration system, certain visa categories permit derivative beneficiaries, allowing family members of the primary visa holder to accompany or follow them to the United States. Here’s a breakdown of the main types of visas that allow for derivative beneficiaries:
1. Family-Based Visas
- Immediate Relative Visas:
- Generally, immediate relatives of U.S. citizens (spouses, children under 21, and parents) do not have derivative beneficiary status because they can apply directly as immediate relatives.
- Family Preference Visas:
- These include several categories where derivative beneficiaries are allowed:
- F1: Unmarried sons and daughters of U.S. citizens.
- F2A: Spouses and children of lawful permanent residents.
- F2B: Unmarried sons and daughters (21 years and older) of lawful permanent residents.
- F3: Married sons and daughters of U.S. citizens.
- F4: Brothers and sisters of U.S. citizens.
- These include several categories where derivative beneficiaries are allowed:
2. Employment-Based Visas
- EB-1 through EB-5 Categories:
3. Special Immigrant Visas
- Certain special immigrant categories also permit derivatives:
- For example, Afghan or Iraqi Special Immigrant Visa holders can bring their immediate family members as derivatives.
4. Diversity Visa Program
- Individuals selected in the Diversity Visa Lottery can include their spouses and unmarried children under 21 as derivative beneficiaries.
Application Process for Derivative Visas
The application process for obtaining a derivative visa involves several critical steps:
- Filing the Petition:
- Supporting Documents:
- Applicants must provide documentation that proves their relationship to the principal visa holder, such as marriage certificates or birth certificates.
- Visa Interview:
Additional Family Reunification Programs
In addition to derivative visas, there are specific programs aimed at facilitating family reunification:
- Family Reunification Parole (FRP): This program allows certain family members of U.S. citizens and lawful permanent residents to enter the U.S. temporarily while they await their immigrant visas.
- Refugee and Asylee Family Reunification: Individuals granted refugee status or asylum can petition for their spouses and unmarried children under 21 to join them through specific processes like Form I-730.
Eligibility Criteria for Derivative Beneficiaries
To qualify as a derivative beneficiary, individuals must meet specific criteria:
- Adopted children may also qualify if legally adopted by the principal applicant.
- They must be the spouse or unmarried child (under 21 years old) of the principal applicant.
- Children must remain unmarried until they enter the U.S. or obtain their green card.
Navigating the Immigration Process for Derivative Family Members
Once an employer or a U.S. citizen or resident submits a visa petition (USCIS Form I-140 or I-130) for a foreign-born relative in the preference categories, the spouse and children can automatically become derivative beneficiaries if they opt to do so. The U.S. petitioner only needs to name them on the initial visa petition to start the process.
However, it’s important to understand that derivative immigrants cannot bring their derivatives, such as parents, brothers, sisters, or grandchildren. These extended family members may have limited ability to obtain immigrant visas, but it may become possible for them after the primary immigrants become U.S. citizens.
Understanding derivative visas is crucial for those seeking to bring their immediate family members to the United States. While there are exceptions and specific criteria to meet, the process can be successfully navigated with the right knowledge and guidance.
If you are considering sponsoring family members or applying for an immigrant visa, it’s advisable to consult with an experienced immigration attorney. They can provide personalized advice and ensure compliance with all applicable laws and regulations.
By gaining clarity on derivative visas, you can make informed decisions and ensure a smoother immigration process for your family members who wish to join you in the United States.
How Law and Visas Can Help?
At Law and Visas, our team of expert immigration consultants is here to make your Sibling’s travel to the US straightforward and successful. Whether you’re applying for a Family Preference Visa (F3) or Employment-Based Immigration, we handle every step—from preparing your application to gathering the required documents.
Our immigration lawyer consultants and Lawyers ensure that your application meets the highest standards, with no details missed. We’ll also keep you informed throughout the process, coordinating with the immigration office or embassy on your behalf.
Law and Visas has a strong record of helping clients secure the visas/permits they need to travel to the US. Call us today at +234 812 5505 986 to learn how we can assist you.
