Florida Immigration Attorneys

CIS rules for derivative U visa holders

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

  1. exists when the principal files;

  2. continues to exist when derivative’s petition is adjudicated; and,

  3. 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.