For more on the grounds of inadmissibility, which can thwart your attempts to enter or receive status in the U.S. (for example, criminal convictions, health concerns, and immigration violations), please read Nolo’s article, “Inadmissibility: When the U.S. Can Keep You Out.”. My asylum application was approved, and I filed the adjustment of status application while I was single. Accessibility Statement, Privacy If the principal applicant is over 21 years old, he or she can include the following family members in the application: If the principal applicant is under 21, the following relatives qualify for derivative U status: In other words, principal applicants older than 21 cannot petition for derivative visas for their parents or siblings. <>stream endobj endobj Which relatives qualify for derivative U status will depend on your age – and in some instances, your family member’s age and marital status. LAW In addition, U-5 siblings who reach their 18th birthday before their applications are decided upon maintain their eligibility as long as they do not marry before entering the United States. This means that you will need to apply for a visa and attend an interview at the nearest U.S. embassy or consulate before you are issued a U visa that will enable you to travel to the United States. Nonimmigrant U visas are available for the victims of certain serious crimes who have helpful information to provide to law enforcement agencies.

2019-12-30T15:29:25-08:00 endobj <> | My Account In other words, principal applicants older than 21 cannot petition for derivative visas for their parents or siblings.

Derivative U-4 parents and U-5 siblings will not lose their eligibility if the principal applicant turns 21 years old before their derivative visas are issued. 24 0 obj

uuid:e5c969d8-ad50-11b2-0a00-b02878010000 Iss. <>0]/P 14 0 R/Pg 39 0 R/S/Link>> However, certain family members who would otherwise qualify for derivative status (see the list above) may have the option to apply for U status as an “indirect victim” of the qualifying crime. application/pdf Unfortunately, if the principal applicant’s U petition is denied, family members no longer qualify to be derivative beneficiaries of that petition. The crime victim who applies for U status is known to USCIS as the “principal applicant” and – if approved – will be granted U-1 status allowing the person to live and work in the U.S. for a specified period of time not longer than four years.

The attorney listings on this site are paid attorney advertising. %PDF-1.7 %���� endobj of "derivative asylum." x��X�r�6��+�=�B��d2�#g�&��d�t:�D[l$R�xԯ�AJ -ʮǛ��yq��px����d\��/���"Eód]��W����� �*�1�a�(��7EqH2���\jw���/�������;�z}~�e�w����� ��ݏF� 1���L�.B����`���d0|C����z}9@���aÔ�w��d%�4�o�zYP,(��r��Oy��]�\��_�tYf���W�~Q�h&QtY�&YZ����ޖX!Pt���F�4�����{��Rx���z�2qOE ';����`��� DW^"0��d[�ϵ% �D����j�"�_����rL��~0,��m��i`z�Q*1:-�U�X����̳��C ���4&�'�*Y�t���O�AaLh��l��@p���c¾F�9:�/��̮f��N�F�����t�����RE�5�ش3�(��n]n�Xj���yU>{˦Y��:/W�������r ���a������\�(9%^�dz$���()Ӊ�J��E��4͖�8��\h�p��9:IV7�*u1j����}��Dr��/�EV~G��7m�B���, An Impossible Choice: Denial of Parents' Derivative Asylum Claims Based on Their Citizen Daughter's Risk of Female Genital Mutilation. 15 0 obj The family member may be eligible to apply for U status as a principal applicant if the direct victim is: To learn more about filing an application for U status as the principal applicant, please see, “Filing an I-918 Petition for a U Visa.”, Copyright © 2020 MH Sub I, LLC dba Nolo ® Self-help services may not be permitted in all states.

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26 0 obj I. I. NTRODUCTION. Citizenship and Immigration Services (USCIS). endobj AppendPDF Pro 6.3 Linux 64 bit Aug 30 2019 Library 15.0.4
If you are a principal applicant, you can also petition for derivative U status for certain family members by submitting Form 918A, Petition for Qualifying Family Member of U Visa Recipient, either at the time of your application or after you receive approval. endobj <>1]/P 6 0 R/Pg 39 0 R/S/Link>> However, the grounds of inadmissibility listed at I.N.A. 3 0 obj About | You and your spouse risk everything to improve your lives by coming to the United States illegally.

| 16 0 obj 3, An Impossible Choice: Denial of Parents' Derivative Asylum Claims Based on Their Citizen Daughter's Risk of Female Genital Mutilation, Miriam R. Cahan, Washington University School of Law, Washington University Global Studies Law Review, Miriam R. Cahan, For more information about who qualifies for a U visa as a principal applicant, see “U Visas for Crime Victims Assisting Law Enforcement: Who Is Eligible.” This article discusses how immediate family members can apply for derivative U status with U.S.



Because the various consulates abroad all have different operating procedures, you should contact your local office to make sure that you have all the necessary evidence with you when you attend your interview to avoid delays in processing your U visa.
48 0 obj endobj The principal applicant will be automatically issued an employment authorization document (also known as an “EAD” or a work permit) if his or her U visa application is approved. Prince 12.5 (www.princexml.com) Presently, however, in such cases courts simply deny asylum and order removal, without inquiring into what would happen to … If you think that you may be inadmissible, contact an experienced immigration attorney or an organization familiar with U visas to help you apply for a waiver of these grounds. As an asylee or refugee you will not, however, be able to obtain derivative status for more distant relatives, such as your parents, brothers, or sisters.

<<>> endobj <>14]/P 21 0 R/Pg 39 0 R/S/Link>> Global Studies

endobj endobj Yes, immediate family members (spouses and children under 21 years old) may apply for permanent residency as derivative beneficiaries. Thus, some courts, such as those in the Seventh Circuit, prevent parents from seeking asylum through their children's potential persecution. 2019-12-30T15:29:25-08:00


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