What is a Derivative Beneficiary?

What is a Derivative Beneficiary?

A derivative beneficiary is a foreign national who cannot be directly petitioned for, but who can follow-to-join or accompany the principal beneficiary based on a spousal or parent-child relationship.

When a derivative beneficiary of a family-sponsored preference petition (such as F4) reaches the age of 21, they are no longer considered a “child” for immigration purposes. Instead, they are classified as an “adult” or “aged-out” child.

Congress recognized that many children were aging out due to large USCIS processing backlogs, so it enacted the Child Status Protection Act (“CSPA”) in August 2022 to protect certain children from “aging out.”
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Disclaimer: This post is provided by Lally Immigration Services, LLC for informational and marketing purposes. This article does not constitute legal advice nor does it establish an attorney-client relationship. No reader should act, or refrain from acting, on the basis of any information presented in this article, or elsewhere on this website, without seeking the advice of appropriate legal counsel, or other professional counsel, licensed in the relevant jurisdiction. Lally Immigration Services, LLC expressly disclaims any and all liability with respect to any actions taken, or not taken, based on any content of this article or website. Prior results do not guarantee a similar outcome.

Last Updated: 10/02/2024

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