On October 24, 2012 CIS issued an interim directive on processing derivative
U visa holders.
The policy gives guidance relating to certain U-3 derivative petitions
that are being held for final adjudication or are limited in time due
to the derivative aging-out, authorizes the approval of U-3 derivative
nonimmigrant petitions for a period of four years, allows the U-3 derivative
to remain beyond the 21st birthday.
A derivative of a principal U may be considered if the qualifying relationship
between the principal and the derivative
exists when the principal files;
continues to exist when derivative’s petition is adjudicated; and,
continues to exist at the time of the derivative’s subsequent admission
to the US.
A derivative child is an unmarried person under 21 years of age, at the
time the derivative petition is filed, adjudicated, and admitted. Due
to unforeseen delays, some derivative children aged-out of derivative
eligibility while their derivative petitions for U nonimmigrant status