Derivative Beneficiaries

A derivative beneficiary is a foreign-born person who is not the direct beneficiary of an immigrant classification petition but can accompany or "follow-to-join" the “lead beneficiary” (or the “principal beneficiary”) based on a spousal or parent-child relationship.  For example, a petition for an immigrant worker, filed by a U.S. employer, may include the worker's spouse and children as derivative beneficiaries. Children immigrating to the United States as derivative beneficiaries must be unmarried and under 21, although some other restrictions may apply depending on the immigrant classification.

If a child is unmarried and over 21, their parents, who become U.S. permanent residents, may file a separate petition for them.  See Family-Based Immigrants.

Not all immigrant visa classifications allow for inclusion of derivative beneficiaries.

Related Topics:

Child Status Protection Act (CSPA)

Consular Processing

Adjustment of Status