Legal Information: Federal

Immigration

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Updated: 
January 30, 2018

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?"

NoteHere 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)