Legal Information: Federal

Immigration

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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.*  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.**  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.***  To read more about this, please see What family members may be considered "qualifying family members?"


* INA § 101(a)(15)(U)(ii)

** 8 CFR § 214.14(a)(i)

*** 8 CFR § 245.24(g)