A derivative beneficiary is a person who gains immigration benefits through their relationship to a primary beneficiary of an immigration petition or application. Typically, derivative beneficiaries include the spouse and unmarried children under 21 years of age of the primary applicant. The principle behind derivative benefits is to preserve family unity and prevent situations where a primary beneficiary might have to choose between pursuing an opportunity in the United States and staying with their immediate family. Additionally, the status of derivative beneficiaries is tied to that of the primary beneficiary. In other words, if the primary beneficiary loses their status or becomes ineligible, the derivative beneficiaries may also lose their status.Â
A derivative beneficiary is someone who qualifies for immigration benefits based on their relationship to the primary beneficiary of an immigration petition. The main categories are spouses of the primary beneficiary and the unmarried children under 21 years old of the primary beneficiary. For instance, if a company sponsors an employee for a work visa or green card, their spouse and minor children can be derivative beneficiaries.
There are several limitations to this immigration program. Firstly, children may "age out" if they turn 21 before the process is complete (with some exceptions). Further, derivative status is lost if the relationship with the primary beneficiary ends (such as divorce). It is important to note, however, that the specific rules can vary depending on the type of immigration benefit being sought. Learn more about whether you or your family members are derivative beneficiaries by consulting with a U.S. immigration lawyer.
The rights of a derivative beneficiary are closely tied to those of the primary beneficiary. However, these rights generally differ based on the particular visa category. In many cases, derivative beneficiaries have the right to apply for work authorization in the U.S. Moreover, they are allowed to travel in and out of the U.S. subject to the same rules as the primary beneficiary. In some situations, derivative beneficiaries may have access to independent rights. For example, they may be able to apply for their own immigration status if they lose derivative status due to divorce or aging out.
Immigration law can be complex, especially when it comes to derivative beneficiaries. Attorney At Law can provide expert guidance and personalized consultations to help you or your family members achieve your immigration goals. Take the first step towards a clearer path to citizenship - speak with an Attorney At Law immigration lawyer as soon as possible.
