Who Is A Derivative Applicant?

by | Last updated on January 24, 2024

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A “derivative” visa applicant is

the spouse or minor unmarried child (younger than age 21) of the beneficiary of an immigrant petition

. Derivative family members can apply for immigrant visas with the beneficiary, who is considered the “principal” applicant.

Who qualifies as a derivative beneficiary?

Who is a derivative beneficiary? A derivative beneficiary is

an alien who cannot be directly petitioned for, but who can follow-to-join or accompany the principal beneficiary based on a spousal or parent-child relationship

.

What is the difference between principal applicant and derivative applicant?

What’s the Difference? The main difference between the two categories is the fact that principal applicants are the main beneficiaries listed on Form I-485. On the other hand, derivative applicants are not the main beneficiary, but they are listed on the same petition as the principal applicant.

Who is principal applicant?


The person named in the petition

. For example, an American citizen may file a petition for his married daughter to immigrate to the United States. His daughter will be the principal applicant, and her family members will get visas from her position. They will get derivative status.

What is a derivative US visa?


Children of applicants with family-based petitions (F category) may derive immigration benefits from the same petition provided that they are single and under 21

. Such children are called “derivatives” for purposes of immigration. Only biological or legally-adopted children are entitled to derivative status.

What types of US visas allow derivative beneficiaries?

  • the family first preference category (unmarried sons and daughters of U.S. citizens)
  • the family second preference category (spouses, minor children, and unmarried sons and daughters age 21 and over of green card holders)

Is applicant same as beneficiary?

Applicant (Visa): A foreign citizen who is applying for a nonimmigrant or immigrant U.S. visa.

The visa applicant may also be referred as a beneficiary for petition based visas

.

Can immediate relatives have derivative beneficiaries?

Can I bring derivatives? For immediate relatives:

Immediate relatives who are the principal beneficiary of an I-130 cannot bring derivative beneficiaries

. A separate I-130 petition must be filed for every single qualifying immediate relative.

How do you add a derivative to a beneficiary?

You can add a “derivative” to your immigrant visa petition just by

accessing your CEAC application

! You will need all of their information, including first and last name, method of contact, and relationship to the principal applicant.

Who is the principal applicant on Form I-485?

The principal applicant is usually

the individual named as the beneficiary of an immigrant petition or who is otherwise qualified to adjust status

. A principal applicant must designate which immigrant category he or she is applying under by selecting the appropriate box listed on Form I-485, Part 2.

Who is principal applicant in DS 160 for h4?

the principal applicant is always

the H1B visa holder

. Immediate family members like spouse and children under 21 yrs can qualify for this visa and can apply at the US Consulate in their home country.

Is I-485 same as green card?


Form I-485 is officially called the “Adjustment of Status Application” and is the official green card application

. Certain immigrants who are in the United States, including special immigrants like asylees, can submit an adjustment of status application to change their immigration status to a green card.

What is the difference between principal applicant and petitioner?

The applicant is the person who wants the USCIS to grant them an immigration benefit in the United States. However, the petitioner could be the beneficiary of the green card or visa, the employer, or the U.S. citizen or lawful permanent resident (green card holder) relative.

What is a secondary applicant?

This category includes

immigrants who were identified as the married spouse, the common-law or conjugal partner or the dependant of the principal applicant on their application for permanent residence

.

What is joint applicant?

Applying as a joint applicant means that

both parties are jointly responsible for the debt

. For example, if one applicant defaults on their part of the finance agreement, both parties credit file will affected.

Who is a derivative family member?

What is a derivative family member? A “derivative” visa applicant is

the spouse or minor unmarried child (younger than age 21) of the beneficiary of an immigrant petition

. Derivative family members can apply for immigrant visas with the beneficiary, who is considered the “principal” applicant.

Can a step child be a derivative beneficiary?

They also must be under age 21. The definition of a child covers not only biological children but also stepchildren and adopted children in some cases. Generally,

any type of immigrant visa permits derivative beneficiaries except the immediate relative category of visas

.

Who is considered an immediate relative for immigration purposes?

You are an immediate relative if you are: The spouse of a U.S. citizen; The unmarried child under 21 years of age of a U.S. citizen; or. The parent of a U.S. citizen (if the U.S. citizen is 21 years of age or older).

Can my family members also receive immigrant visas?

Can My Family Members also Receive Immigrant Visas? Based on your approved petition,

your spouse and minor unmarried children, younger than 21, may apply for immigrant visas with you

.

Can a dependent family member immigrate if the main beneficiary dies?

Derivatives


All the beneficiaries may immigrate to the same extent that would have been permitted if the qualifying relative had not died

. It is not necessary for each beneficiary to meet the residence requirements in order to remain eligible to adjust.

Who is the applicant?

Definition of applicant

:

one who applies a job

applicant.

Who is applicant and beneficiary?

The parties involved in a transferable letter of credit are the applicant, the first beneficiary, and the second beneficiary.

The applicant is the buyer in the transaction, while the first beneficiary is a middleman. The second beneficiary is the seller

.

Who is the applicant in I 130?


The U.S. citizen or green card holder who files the I-130 petition is officially called the “petitioner” or “sponsor.”

The person seeking a green card is officially known as the “beneficiary.”

Who is immediate relative?

Primary tabs. Under U.S. immigration rubric, an immediate relative is the spouse of a U.S. citizen, an unmarried child under 21 years of age of a U.S. citizen, an orphan adopted abroad by a U.S. citizen, an orphan to be adopted in the U.S. by a U.S. citizen, or the parent of a U.S. citizen who is at least 21 years old.

Can I petition my married sister?

Adult U.S. citizens can get green cards for brothers and sisters by sponsoring them with the USCIS.

If your brothers and sisters are married, their spouses and children can immigrate to the U.S. together with them

. Their children have to be unmarried and under the age of 21.

Can I petition my parents and siblings?

Generally, U.S. citizens or permanent residents file an immigrant visa petition on behalf of a close relative.

US citizens can sponsor their parents, spouse, sons and daughters (minors and adults, unmarried or married), and siblings

.

Maria Kunar
Author
Maria Kunar
Maria is a cultural enthusiast and expert on holiday traditions. With a focus on the cultural significance of celebrations, Maria has written several blogs on the history of holidays and has been featured in various cultural publications. Maria's knowledge of traditions will help you appreciate the meaning behind celebrations.