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Legal Information: Federal


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January 30, 2018

What family members may be considered derivatives?

If you are granted U visa status as a principal applicant (U-1), some of your family members may also qualify for U visa status as derivatives.1  A “principal applicant” is the person who applies for an immigration benefit, such as U visa status.  A “derivative” is another person (usually a family member) who may also receive lawful status through the principal applicant’s status.2  As a principal applicant, you can file a petition on behalf of your derivative family members at the time you apply for U visa status or later.3

If you are 21 years or older, then the following family members may qualify for U visa status as derivatives:

  • Spouse (U-2); and/or
  • Unmarried children under 21 (U-3).1

If you are under 21 years old, then the following family members may qualify for U visa status as derivatives:

  • Spouse (U-2);
  • Unmarried children under 21 (U-3);
  • Parents (U-4); and/or
  • Unmarried siblings under 18 (U-5).1

Note: The ages of the principal applicant and the derivative family members are determined at the time you (as the principal applicant) file the U visa status application.4

As a principal applicant, you will have to prove that your family members meet one of the particular family relationship requirements described above and that they are not inadmissible or that they qualify for a waiver (exception).  They do not need to prove that they meet the other eligibility requirements that principal applicants need to prove.5

Please note that if your family member was the person who committed the crime against you, then s/he will not be eligible to obtain U visa status as a derivative.5

1 INA § 101(a)(15)(U)(ii)
2USCIS website – Glossary
3 8 CFR § 214.14(f)(2)
4 8 CFR § 214.14(f)(4)
5 8 CFR § 214.14(f)(1)