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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Last Updated: 10/02/2024