Published: November 10, 2021
A derivative beneficiary refers to a non-citizen who may not be eligible on their own but, by virtue of law, accompany the principal beneficiary. Qualifying derivative beneficiaries include the principal beneficiary’s spouse and minor unmarried child (below 21 years old). The same benefits apply to same-sex married couples.
Aside from having an opportunity for permanent residency in the United States, derivative beneficiaries may experience other benefits. Here are notable examples:
Simultaneous Approval
When the application of the primary beneficiary becomes approved, all eligible derivative beneficiaries will have their applications approved as well. Should the principal beneficiary get approved for permanent residency without derivative beneficiaries, they may follow to join by applying for action on an approved application or petition.
Employment
Unless stated otherwise in their visa, derivative beneficiaries may work legally in the United States. After filing an application for permanent residency, beneficiaries may apply for an Employment Authorization Document (EAD). The approval time for EADs is typically shorter than Green Card applications. Because of this, beneficiaries may work even when their green card approvals are still pending.
Travel and Abode
After acquiring the legal status as green card holders, derivative beneficiaries can freely travel between US borders, and the border patrol will not be too strict on them. Further, they may live anywhere within the country.
We Are Ready to Help
Are you a potential derivative beneficiary? Consult with ALG Lawyers to confirm your best pathway to permanent residency. Our group of Los Angeles immigration lawyers is ready with tools and techniques to maximize your chances of achieving the ever-coveted American Dream.
(Please note that this article does not create an Attorney-Client relationship between our law firm and the reader and is provided for informational purposes only. Information in this article does not apply to all readers. Readers should not rely on this information as legal advice and should seek specific counsel from a qualified attorney based on their individual circumstances. Thank you.)