Although wives and children are normally allowed to follow the principal immigrant to the United States, this is not always possible.
When a foreign-born individual becomes eligible for a green card in the United States, whether via family or work, immigration law normally enables them to bring their wives and children with them. However, this is not always the case. Let’s take a look at who may and cannot participate in the immigration process as a “derivative,” and what to do if they can’t and don’t want to stay.
Criteria for Spouses and Children Entering the United States as Derivative Visa Beneficiaries
A spouse or kid seeking to come to the United States as a derivative beneficiary must:
meet the U.S. immigration law definition of either a “spouse” (legally married) or a “child” (unmarried both when the initial petition is filed and when approved for U.S. residence and/or entering the U.S. on an immigrant visa, under age 21, and either a biological, adopted, or stepchild), and be either the spouse or child of someone with a type of immigrant visa that allows for “derivative beneficiaries,” meaning relatives who
To put it another way, immediate family members may normally join the primary immigrant’s petition; but, this is not always the case, as mentioned further below. Furthermore, only direct family members may be derivatives. For example, the immigrant’s parents and siblings have no derived rights.
What Visas in the United States Allow Derivative Beneficiaries?
It is extremely straightforward to determine if a relative is eligible for a form of immigrant visa that allows for descendant beneficiaries, since just one immigrant visa category does not: the so-called “immediate relative” category of family-based visas. A U.S. citizen’s “immediate relations” comprise his or her parents, spouse, and unmarried children under the age of 21.
As an example, if a U.S. citizen tries to sponsor a foreign-born spouse who has children from a prior marriage, the children will be denied as derivatives. However, there is a solution that allows them to immigrate at the same time. If there is a legitimate “stepchild” connection, the US citizen may submit separate visa applications for each of them (USCIS Form I-130), since they would be considered close relatives in their own right.
Similarly, immigrant parents of U.S. citizens are not permitted to bring their own minor children into the country on the same I-130 visa petition as their U.S. citizen kid over the age of 21.
Everyone else in the family- and work-based visa systems is in a “preferred category.”
Immigrants may thus bring their unmarried children provided they get their visa via either:
the top preferred category for the family (F1; unmarried sons and daughters of U.S. citizens)
the second choice group for the family (F2; spouses, minor children, and unmarried sons and daughters age 21 and over of green card holders)
family third preference (F3; married sons and daughters of US citizens) or family fourth visa preference category (F4: brothers and sisters of U.S. citizens and their spouses).
As Derivatives, the Logistics of How Family Members Can Immigrate to the United States
In the preference categories, if an employer or a U.S. citizen or resident files a visa petition (USCIS Form I-140 or I-130) for a foreign-born relative, that person’s spouse and children (unmarried, under the age of 21) will be automatically included in the immigration process as a “derivative” beneficiary, if they wish.
The U.S. petitioner must simply mention them on the original visa petition to start the procedure for them. oes oes , (if they are already in the U.S. and “adjusting status”).
Derivative Immigrants Are Not Allowed to Bring Their Own Derivatives
This capacity to get immigration visas for one’s descendants is limited to spouses and children. The new immigrant, for example, cannot bring his or her parents, siblings and sisters, or grandkids. (However, additional family members may be able to file for green cards in the future, especially if the immigrants become citizens.)