The term derivative status refers to a type of immigration status that is obtained through a principal applicant. In U.S. immigration law, certain visa categories allow for derivative status. For instance, the spouse and children of a J visa holder can receive derivative status as J-2 visa holders. This status is contingent upon the principal applicant being granted a visa.
Derivative status is primarily used in immigration law. It is relevant in various visa categories, including but not limited to family-based visas and humanitarian protections like asylum. Individuals with derivative status may have the right to live and work in the U.S. based on their relationship to the principal applicant. Users can manage some aspects of this process through legal templates provided by services like US Legal Forms.
Here are a couple of examples of abatement:
For example, if a person is granted a J visa for a research program, their spouse and children can apply for J-2 visas, thereby obtaining derivative status. This allows them to live in the U.S. while the principal applicant is engaged in their program.
One significant regulation regarding derivative status is found in the Code of Federal Regulations: 8 CFR 1208.24, which discusses the termination of asylum status and its impact on derivative status for spouses and children.
| Term | Definition | Differences |
|---|---|---|
| Principal Applicant | The individual who applies for a visa or immigration status. | The principal applicant is the one whose status allows others to gain derivative status. |
| Asylum Status | Protection granted to individuals who meet specific criteria for fear of persecution. | Derivative status can be based on asylum status, but not all derivative statuses involve asylum. |
If you believe you may qualify for derivative status, start by confirming the principal applicant's visa status. You can explore ready-to-use legal form templates on US Legal Forms to assist with your application. If the situation is complex, consider consulting a legal professional for personalized advice.
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Derivative status is an immigration status obtained through a principal applicant, allowing eligible family members to reside in the U.S.