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
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exists when the principal files;
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continues to exist when derivative’s petition is adjudicated; and,
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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 were pending.
