How can my family member(s) benefit from my U visa status?
If you are eligible for U visa status, there are a number of ways in which your family members may also be able to obtain lawful status for themselves:
- They may be able to receive U visa status as derivatives by proving they meet a specific relationship requirement with you.1 To read more about this, please see What family members may be considered derivatives?
- They may be eligible to obtain U visa status if they are considered indirect victims of the crime, by proving they meet the U visa status eligibility requirements.2 To read more about this, please see Who can be considered a “victim of crime” to be eligible for U visa status?; or
- Later on, once you apply for lawful permanent residence status, your family member(s) may be eligible to obtain lawful permanent residence (not U visa status) if they are considered to be “qualifying family members.” A qualifying family member is someone who:
- was never a derivative; (if your family member was included in your U visa application as a derivative, s/he would file his/her own petition for lawful permanent residence - you don’t apply for lawful permanent residence status for that person);
- can prove a specific relationship requirement with you at the time you are applying for lawful permanent residence; and
- can show that receiving lawful permanent status is necessary to avoid extreme hardship.3 To read more about this, please see What family members may be considered “qualifying family members?”
Note: Here you can see our series of vlogs (videos) in Spanish, with English subtitles, where we discuss what other people you can include on your U visa petition as derivative family members, among other topics.
1 INA § 101(a)(15)(U)(ii)
2 8 CFR § 214.14(a)(i)
3 8 CFR § 245.24(g)