Difference between Immediate Relative and Derivative Immigrant?

[dm559 34]

Hi, I was hoping someone knew what the difference was between an immediate relative of a USC or someone who has derivative benefits.

When I petitioned for my stepchildren (never married, under 21) I had to file their own I-130 and they are catagorized as immediate relatives. But I also understand that they are derivatives because of my marriage to my wife? Could someone please elaborate on this? I'm basically trying to figure out since I filed a separate I-130 for my spouse and step children are they getting their own independent immigration benefits? They each have their own affidavit of support and so far everything has been separate. Just trying to gather information and a better understanding of how the process works. Thanks!

[aleful 1,905]

Hi, I was hoping someone knew what the difference was between an immediate relative of a USC or someone who has derivative benefits.

When I petitioned for my stepchildren (never married, under 21) I had to file their own I-130 and they are catagorized as immediate relatives. But I also understand that they are derivatives because of my marriage to my wife? Could someone please elaborate on this? I'm basically trying to figure out since I filed a separate I-130 for my spouse and step children are they getting their own independent immigration benefits? They each have their own affidavit of support and so far everything has been separate. Just trying to gather information and a better understanding of how the process works. Thanks!

stepchildren of a USC aren't derivatives, so they need a separate i130 and separate everything, but unmarried stepchildren under 21 of LPR are, as long as the stepparent doesn't naturalize and become a USC.

[dm559 34]

Yet they don't retain their immigration benefits in the event of a divorce, even though they have independent immigration petitions?

stepchildren of a USC aren't derivatives, so they need a separate i130 and separate everything, but unmarried stepchildren under 21 of LPR are, as long as the stepparent doesn't naturalize and become a USC.

[aleful 1,905]

Yet they don't retain their immigration benefits in the event of a divorce, even though they have independent immigration petitions?

no stepchildren can get a GC if parents divorce. in the case that they are stepchildren of a LPR, they are derivatives of a spousal petition, spouse and unmarried child/children under 21 are being petitioned at the same time and for the i130 they can be on one i130. but if LPR stepparent is filing for more than one stepchild, without the spouse, then they need separate i130.

[JimVaPhuong 4,863]

Immediate relative applies only to certain relatives of a US citizen; spouse, minor unmarried child (or adopted child), or parent. Each immediate relative requires a separate petition.

Derivative means someone eligible for a visa based on a petition filed for someone else. In other words, someone whose eligibility is derived from a petition for someone else. Immediate relative petitions cannot have derivatives - only the primary beneficiary can get a visa based on an immediate relative petition. Family preference petitions and K visa petitions allow for derivatives. Who can qualify as a derivative depends on the visa.

FB1, FB2A, FB2B, K1, K3: Minor unmarried children of the primary beneficiary may apply for derivative visas.

FB3, FB4: Spouse and minor unmarried children of the primary beneficiary may apply for derivative visas.

There are a number of other non family based visas that allow for derivatives.

[dm559 34]

Thank you all for your replies and for all the helpful information!

Immediate relative applies only to certain relatives of a US citizen; spouse, minor unmarried child (or adopted child), or parent. Each immediate relative requires a separate petition.

Derivative means someone eligible for a visa based on a petition filed for someone else. In other words, someone whose eligibility is derived from a petition for someone else. Immediate relative petitions cannot have derivatives - only the primary beneficiary can get a visa based on an immediate relative petition. Family preference petitions and K visa petitions allow for derivatives. Who can qualify as a derivative depends on the visa.

FB1, FB2A, FB2B, K1, K3: Minor unmarried children of the primary beneficiary may apply for derivative visas.

FB3, FB4: Spouse and minor unmarried children of the primary beneficiary may apply for derivative visas.

There are a number of other non family based visas that allow for derivatives.