Derivative benefits are immigration benefits made
available via the green card applicant to his/her spouse or an unmarried child
below 21. In case you happen to be the principal applicant, your spouse, or
children can get the same immigration benefits that is granted to you by the
USCIS as long as you legally maintain these benefits yourself. Derivative
benefits are of two categories: nonimmigrant and immigrant derivative benefits.
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Nonimmigrant
derivative benefits
According to immigration lawyers, under the US
Immigration Law, nonimmigrant visas are issued to nationals of foreign
countries. The immigration officials have determined that these foreign
nationals propose to live in the US for a limited period. The more popular
nonimmigrant visa types are B-1/B-2 visitor, L-1, H-1B, as well as TN
nonimmigrant statuses.
Several of these types of visas permit the visa
holder’s spouses and children obtain a related nonimmigrant type of visa as a
derivative benefit. Some nonimmigrant derivative visas let their holders apply
for work authorization via an EAD or Employment Authorization Document which
permits the spouse and children of the principal visa holder to engage in work
during their stay in the US. However, it must be noted that nonimmigrant
derivative visas are in effect granted and stay valid only if the visa of the
principal visa holder is granted and also remains valid.
Documenting the family relationship
In order to qualify for a derivative nonimmigrant
visa and the ensuing benefits, you will need to present documents to the
appropriate US immigration authorities to establish your familial relationship.
An immigration attorney can be of
valuable help with the paperwork. The documents include copies of marriage
certificate for spouses, and copies of the children’s long-form birth
certificates that list the chief applicant's name as a parent.
Immigrant/Permanent
residence derivative benefits
Derivative benefits for US permanent residence
remain based in the same fundamental idea as determined by nonimmigrant
derivatives. However, the results differ, according to the timing of the
principal alien applying for permanent residence status and whether, in the
case of families, the immigrants are considered immediate or preference
relatives, as per immigration lawyers.
Derivatives
belongs to the same preference category
In situations where the principal alien belongs
to immigrant visa “preference categories”, his/her spouse as well as unmarried
offspring who are not yet 21 are eligible to obtain the permanent residence
visa preference, the same as the principal aliens. This category could be
family based or employment-based. The US Congress has enforced a few
restrictions on derivative benefits. One foreign national is unable to obtain
benefits from another foreign national who is already receiving derivative
benefits.
The
principal applicant
The main thing is the identification of the
principal applicant. If a foreign national who is already holding a green card
is sponsoring his/her spouse for permanent residence, then that spouse will
become the principal applicant, and the children of that spouse can derive
benefits as well as their immigrant visa preference. For the most part,
applying for derivative immigration status can be a daunting task. Therefore,
it would be prudent to seek the expertise and solace of an immigration
lawyer to understand the finer aspects of your case.
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