What are the derivative benefits for family members of immigrating aliens?

Derivative benefits are certain advantages or benefits that spouses or minor children under the age of 21 of green card applicants are provided with. These advantages are known either as derivative benefits or derivative classification. They mandate that immediate relatives or spouses, known as dependents, of main green card applicants can also receive the same immigration status as the main applicant given that the main applicant lawfully maintains his or her immigration status in the United States and your immigration lawyer will work with you on this.

If you have a twin brother and you work for the Mexican Mafia and they call you the cousins (Leonel and Marco Salamanca) and you come to America attacking American citizens, Indian reservation police officers, DEA agents, and so on, you are probably not going to quality for a green card. Though attacking and eliminating Walter White is not such a bad idea but that is another topic.

Moreover, derivate benefits are broadly classified into two different types, namely, non-immigrant derivative benefits and immigrant or permanent resident derivative benefits.

If you do not want to push your luck like the cousins did and if you want to obtain legal US citizenship or if you want to live in America for a designated slice of time or any other scenario, you need to click right here: Immigration.USAttorneys. You need immigration help no matter what and this is why this site was built. Use this digital tool to do things the right way. No matter what your immigration intentions are, you need to do it the legal way or you are jeopardizing your relationship with America.

Non-immigrant derivative benefits

Non-immigrant visas are issued to foreigners who are found eligible to live in the United States for a certain period of time. This may be for studies, vacation, business, or work. Some of the most commonly issued nonimmigrant visas according to immigration attorneys are: B-1/B-2 (tourists), H1-B, L-1, and TN visas.

Most non-immigrant visas also allow for the applicant’s dependents to be granted the same or a related non-immigrant visa too. Dependents are generally restricted to just the wife/husband and any children under the age of 21 of the main applicant that has been issued the non-immigrant visa successfully.

In certain limited cases, dependents who are holder of derivative non-immigrant visas are also deemed eligible to apply for work authorization, through an Employment Authorization Document. If you are the holder of such a visa and are seeking employment in the United States, then you may find it overwhelming to deal with the extensive process of acquiring the Employment Authorization Document by yourself. The best possible thing you can do in such a situation would be to go ahead and consult an immigration attorney who will be able to get the ball rolling on your behalf and will ensure that you are issued with employment authorization as soon as possible.

In some cases, especially when someone is issued with a tourist visa such as a B-1 or a B-2 visa, obviously, derivative benefits are not applicable.

Another important thing to note is that all derivative visas are issued and are valid only until the main applicant’s visa is valid too. So if for some reason the main applicant’s visa is cancelled or voided for any reason and for even a criminal case, then all derivate visas stemming from the main visa will be invalid as well.

The cousins mentioned above never used an immigration lawyer to enter America. They believe they were above the law. Well, they paid for it with their life and good riddance to them.

Immigrant/permanent residence derivative benefits

The concept is pretty much the same when it comes to derivative benefits stemming from immigrant visas as well. Here too, the spouses and underage children of the main applicants will be issued with the same immigration status or relating immigration status as the main applicant.

If you are the immediate relative of a main applicant or are the main applicant yourself and need clarity on the procedure to follow in order to attain derivative immigrant/non-immigrant visas for your spouse/underage children, make sure to seek the assistance of an immigration lawyer as soon as possible. US immigration law is infamous for its complexity so it would be in your best interest to seek legal help as early as possible. Your legal representative can help map your successful immigration journey.