In the immigration context, a derivative refers to a person who may benefit from an immigration case brought by a family member.
A derivative may be a spouse, child under 21, parent or sibling of a U.S. citizen, or permanent resident.
For example, if a U.S. citizen filed an immigration petition for their spouse, the spouse may be the principal petitioner, and children under the age of 21 may be referred.
This means that if the spouse is approved for permanent residence, the minor children will also be eligible for permanent residence.
It is important to note that derivatives are not the principal applicants in the immigration case and do not have to meet all of the requirements of the principal applicant.
However, they must meet certain specific requirements to be eligible for the immigration benefit.
In short, the term “derivative” refers to a family member of a principal immigration applicant who may receive the same benefit from the immigration process as the principal applicant, even though they’re not the principal applicant.
This is important because if one family member has the opportunity to fix their immigration status, they can help other members of their family obtain immigration benefits as well.
Can The U Visa Help Your Family & Derivatives?
In the case of the U Visa, it can help family members as derivatives. The dependents that can be included in a U Visa application are limited and depend on the age and marital status of the principal applicant.
In general, spouses and children under the age of 21 may be included as dependents on a U Visa application.
Including dependents in a U Visa application can be complex and will depend on the individual circumstances of each case.
However, if the principal applicant is approved for the U Visa, their dependents may also receive the Visa or be included in the same application.
The U Visa can help family members as derivatives, but the dependents that can be included are limited and depend on the circumstances of each case.
If The Victim Is A Citizen, Can The U Visa Help Derivatives?
If the victim of a crime is a citizen and qualifies for a U Visa, their parents may also be able to apply for a Visa as indirect victims of the crime.
It is important to keep in mind that this possibility depends on several factors, such as the age of the person who suffered the crime and the family relationship of the dependents.
In some cases, minor siblings may also be included as dependents on the U Visa application.
In general, it is important to consult with an immigration attorney to evaluate each individual case and determine the options available to the victim’s dependents.
Don’t Be Afraid To Talk To The Police When Asked About Your Papers
Each city or police agency may have different policies regarding asking about a person’s immigration status when reporting a crime.
In general, most police forces do not ask about a person’s immigration status in an emergency or crime situation, as their priority is to maintain safety and assist victims.
Sometimes they may ask questions about a person’s immigration status in the process of providing resources and assistance to victims, such as in the case of the U Visa, which is a benefit for crime victims who have cooperated with law enforcement in the investigation.
It is important to remember that if an immigrant is the victim of a crime or experiences an emergency situation, they should not be afraid to talk to the police and report what has happened, regardless of their immigration status.
In this way, you can get the help you need and, in some cases, even receive additional benefits.
In Which Cases Are There Derivatives?
Most immigration cases have the possibility of including dependents or beneficiaries.
For example, in cases of Asylum, U Visa, T Visa for victims of human trafficking, VAWA program for victims of domestic violence, and Family Petitions, dependents or beneficiaries may be included.
Even in some citizenship cases, such as when a resident becomes a citizen, their minor children may also automatically obtain citizenship.
There are very limited cases in which dependents or beneficiaries cannot be included. Therefore, if you are in the immigration process, it is advisable that you consult with an immigration attorney to determine if you can include dependents or beneficiaries in your application.
Does Age Matter In Derivatives?
In most immigration cases, it is possible to include dependents or beneficiaries in the application.
For example, in the case of the VAWA program for persons who have suffered domestic violence, it is possible to include dependents or beneficiaries in the application. In addition, certain Family Petitions also allow for the inclusion of dependents or beneficiaries.
The age of the beneficiary or derivative may affect eligibility and requirements to apply for certain immigration benefits.
In the case of citizenship, the age of the resident’s son or daughter may be a determining factor in whether or not citizenship can be obtained automatically.
Therefore, it is essential that individuals seeking immigration assistance carefully review the specific requirements of each type of immigration benefit and the conditions applicable to dependents or beneficiaries to determine whether age is a relevant factor.
Can Stepchildren Be Referred In The Asylum Application?
Under immigration law, stepchildren are treated equally to biological children in terms of eligibility for immigration benefits.
This means that stepchildren can be included as derivatives in asylum applications, as long as specific eligibility requirements are met.
It is important to note that, as with biological children, stepchildren must meet certain criteria to be considered eligible for immigration benefits.
The marriage between the parent and stepparent must have occurred before the stepchild’s 18th birthday to be considered eligible.
What Responsibilities Do Derivatives & Beneficiaries Have?
Once the benefit is approved for the principal applicant and their derivatives or beneficiaries, they are responsible for maintaining their legal status in the United States and complying with all federal and state laws and regulations.
They must also keep their immigration documents current and valid at all times.
In addition, In addition, if a derivative or beneficiary changes their address or personal information, they must inform the appropriate authorities within the established deadline.
Derivatives and beneficiaries may also be responsible for their own immigration processes if they wish to apply for a benefit in the future.
Therefore, it is essential that they stay in contact with qualified and experienced immigration lawyers for proper advice and guidance at all times.
Can a Beneficiary Choose Who Can Be A Derivative?
The principal applicant should be advised of the consequences of not including certain beneficiaries or derivatives in the immigration application, and if possible, include them at a later stage in the process.
In some cases, the exclusion of a beneficiary or derivative may affect the primary applicant’s eligibility for certain immigration benefits.
Can A Derivative Force A Beneficiary Be Part Of Your Visa?
A derivative does not have the power to force a beneficiary to become part of its Visa. The decision whether or not to include a beneficiary is the responsibility of the principal applicant or beneficiary and cannot be imposed by a derivative.
Each person has the right to decide whether or not to be part of the immigration process and cannot be forced to do so against their will.
In case you have additional questions about your immigration process, your derivative, or your specific case, you may contact us at (855) 502-0555. After a brief 10-minute evaluation of your case over the phone, we will let you know what options you have. You can also follow us on our social networks so you don’t miss our weekly broadcasts on Facebook, YouTube, and Twitch.
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