Published: September 7, 2023
Besides sparking the national economy and bringing in international talents, the US immigration system reunites immigrant families and integrates them into American society. In 2022, USCIS successfully issued 702,300 family-based green cards. This statistic also covers derivative beneficiary green cards, which bring eligible relatives of US citizens and lawful permanent residents to United States.
Most immigrants bring their spouses and other family members to the United States to find better employment opportunities, receive top-notch education, and escape their home country’s war and economic crises. Regardless of motivation, being with loved ones in a foreign country makes living worthwhile and less challenging. If you intend to immigrate alongside relatives, ALG Lawyers can provide expert assistance.
Things You Should Know About Derivative Beneficiaries Before Applying for Family-Based Green Cards
Despite the many visa categories, some non-citizens cannot qualify based on their individual capacity. However, it does not automatically mean that such a person could no longer enter and immigrate to the United States. Fortunately, the US immigration system has derivative beneficiary green cards. In effect, beneficiary applicants could accompany or follow eligible applicants to the US and acquire a valid immigration status with them.
Knowing who “derivative beneficiaries” are
Derivative beneficiaries are non-citizens who may not be eligible for US visa or green card. However, they may accompany or follow eligible principal beneficiaries and be lawfully admissible to United States. Derivative beneficiaries should establish spousal or filial relationship with an immigrating principal beneficiary to qualify.
Notably, derivative beneficiaries will attach their application with the principal beneficiary’s application. Once the principal’s application is approved, the derivative’s application becomes simultaneously approved.
Overview of the derivative beneficiary immigration process
The first step towards immigration for derivative beneficiaries is filing a petition and paying the necessary fees. The derivative beneficiaries’ names should appear in the form filed by the principal beneficiary. After complying with the documentary requirements, USCIS may begin processing the simultaneous applications.
The applicants may need to undergo a series of interviews with immigration officers. Once the applications are approved, the principal and derivative beneficiaries may enter the United States. It is also possible for derivative beneficiaries to enter United States later than the principal’s arrival.
The most common family-based derivative beneficiary green cards are as follows:
- F2A visa
- F2B visa
- F11 visa
- F31 visa
- F41 visa
- IR1 visa
- IR2 visa
- IR5 visa
Notable Advantages of the Derivative Beneficiary Status
Derivative beneficiaries can enjoy specific privileges extended to them through the principal beneficiaries. These are the most notable perks of becoming a derivative beneficiary:
Green card eligibility through the primary beneficiary
Derivative beneficiaries do not have to share the eligibilities of the principal beneficiary. Their spousal or filial relationship with the principal is enough for them to qualify under US immigration laws.
Relatively easier application
Applicants with a derivative beneficiary status undergo a more simplified process since their petitions are unified under the principal’s submissions. Since the paperwork is mostly consolidated, the aspiring immigrants would save time and money on processing requirements. Also, the derivative beneficiaries do not need separate sponsors. Everyone in the same family may have the principal file an Affidavit of Support on their behalf.
Eligibility to work within US
Derivative beneficiaries can be eligible to work within the country. Beneficiaries with non-immigrant visas may need to apply for an Employment Authorization Document (EAD) to establish legal employment.
Protection against “aging out”
Many immigrants lose their eligibility because they reach the age of majority before getting a green card. Fortunately, the Child Status Protection Act (CSPA) preserves the immigration status of derivative beneficiaries who are about to age out.
Employment and educational opportunities
After successfully completing the immigration process, the derivative beneficiaries may legally work and study within the United States. They no longer need a student or work visa to do so.
Major Categories of Derivative Beneficiaries
Under US immigration laws, derivative beneficiaries can either be relatives of lawful permanent residents or US citizens. However, not every relative may qualify. Keep reading to learn which individuals are eligible to be derivative beneficiaries.
First preference
- Unmarried sons and daughters of US citizens
Notably, these sons and daughters of US citizens should at least be 21 years old at the time of application.
Second preference
- Spouses of lawful permanent residents
- Minor and unmarried sons and daughters of lawful permanent residents
Lawful permanent residents sponsoring their relatives should at least be 18 years old at the time of filing the petition and have a registered domicile within the United States.
Third preference
- Married sons and daughters of US citizens
Even if the son or daughter is under 21 years old, they still qualify as long as they contracted a valid and binding marriage.
Fourth preference
- Brothers and sisters of US citizens
US citizens may start petitioning their brothers and sisters upon reaching 21 years old.
“Follow to Join” Option
There are many reasons why derivative beneficiaries could not join their principal beneficiary in moving to the United States. Mostly, derivative beneficiaries lack specific documents or need further processes to complete their application. In other instances, they may have other businesses to attend to, such as finishing the rest of a school term. Regardless of the reasons, not entering the United States together with your principal beneficiary is an option. It is otherwise known as “follow to join.”
Immigrants interested changing into the follow-to-join status may do so at the Consular Electronic Application Center. If you find this process confusing, it is advisable to contact an immigration lawyer to avoid irreversible errors.
Family-Based Green Card Process Made Easier for You
Whether you immigrate alongside derivative beneficiaries or wait for them to follow, having loved ones by your side in a foreign country can be reassuring. Sharing your new life in the United States is most meaningful with them. If you need immigration lawyers in Los Angeles, California, do not hesitate to approach ALG Lawyers.
We are an immigration law firm constantly advocating for the best interests of our clients. You can rely on apt and responsive attorneys whose been in the industry for two decades. Our team can customize our immigration services to fit your needs and delivery optimum results.
(Please note that this article does not create an Attorney-Client relationship between our law firm and the reader and is provided for informational purposes only. Information in this article does not apply to all readers. Readers should not rely on this information as legal advice and should seek specific counsel from a qualified attorney based on their individual circumstances. Thank you.)