Conditional residents’ extended absence can have significant implications for their derivative beneficiaries, typically spouses and children. Through the Derivative Beneficiaries Visa Process, these family members can apply for visas at a U.S. embassy or consulate, allowing them to stay in the U.S. with the principal visa holder. This process helps ensure that families remain together, even during an extended absence, while maintaining their legal status in the United States.
The key point is that even if the principal visa holder never received a visa in their current classification, as long as they changed their status in the U.S., their dependents may still be eligible to obtain a derivative visa. This concept allows families to stay together and continue their lives in the United States.
Example 1: Changing Status from F-1 Student to O-1 Visa Holder
Consider a world-class soccer player who initially came to the United States on an F-1 student visa. After showing extraordinary skills, they may have successfully changed their status to an O-1 visa designated for individuals with extraordinary abilities. In this case, their spouse and children can apply for O-3 visas, which are derivative visas allowing them to accompany the O-1 visa holder.
To establish eligibility for O-3 visas, the dependents must typically provide:
- Marriage and birth certificates (to prove their relationship with the principal O-1 visa holder).
- A copy of the principal visa holder’s O-1 approval notice.
- Any Form I-797, Notice of Action, relating to the dependents’ change of status filings.
Example 2: From B-1 Visitor to F-1 Student
Another example would involve a foreign national who originally entered the United States on a B-1 visa, typically for business purposes. Suppose this individual decides to pursue an education in the U.S. and changes their status to an F-1 student visa (B-1 to F-1 visa change process). Their spouse and children would then be eligible to apply for F-2 visas, which allow them to join the F-1 student visa holder.
In these situations, the dependent would need to present a properly endorsed Form I-20, Certificate of Eligibility for Nonimmigrant (F-1) Student Status, which shows that the principal is either currently enrolled or will be enrolled within 60 days in an entire course of study or is in approved practical training.
Typical Documentation for Derivative Visa Applications
For most derivative visa applications, the following documentation is commonly required:
- Marriage Certificate: If the derivative is a spouse, this proves the relationship to the principal visa holder.
- Birth Certificate: For children of the principal visa holder.
- Approval Notices (Form I-797): To show that the principal has been approved for their specific status and any related change of status filings for the dependents.
- Certificate of Eligibility (Form I-20): This certificate is critical for dependents of F-1 students to prove enrollment.
Importance of Derivative Visas for Families
Navigating U.S. immigration can be complex for many families. Ensuring that the family members of a visa holder have the opportunity to accompany their loved one can make a huge difference, both in terms of emotional well-being and practical logistics. Understanding the concept of derivative beneficiaries and the process for applying for derivative visas is essential for those seeking to keep their families united while pursuing opportunities in the U.S.
If you are in a situation like this and want guidance on navigating these processes, working with an experienced immigration professional is always advisable. Contact the Law Offices of Osas Iyamu, LLC, for derivative visas to ensure a smooth process. We can help you gather the proper documents and present your application correctly.