What is a Derivative Beneficiary? A Comprehensive Legal Overview
Definition & Meaning
A derivative beneficiary is a person who is eligible to receive a visa or Green Card based on their relationship to a primary beneficiary. This typically includes accompanying relatives such as immediate family members, including spouses and children under the age of 21. Because of their familial connection, derivative beneficiaries are usually granted the same type of visa or Green Card as the primary beneficiary.
Legal Use & context
Derivative beneficiaries are primarily relevant in immigration law. They are often included in family-based visa applications, where a primary beneficiary applies for a visa or Green Card based on their family relationship to a U.S. citizen or lawful permanent resident. Users may find legal forms and templates helpful for navigating these applications, which can often be managed without a lawyer if they are straightforward.
Real-world examples
Here are a couple of examples of abatement:
For instance, if a U.S. citizen applies for a family-based Green Card, their spouse and child under 21 can be included as derivative beneficiaries in the application. This means they can all receive their Green Cards together.
(hypothetical example) If a lawful permanent resident applies for a visa, their child who is under 21 years old can also apply as a derivative beneficiary, allowing them to stay in the U.S. legally.