Question: Who can immigrate as a derivative beneficiary? 

Answer: The spouse or unmarried children under the age of 21 of a principal beneficiary may immigrate as a derivative beneficiary. A principal beneficiary is a U.S. citizen’s siblings or children over the age of 21 or a green card holder’s children over the age of 21.

Immediate Relatives

A “Derivative Beneficiary” is not an “Immediate Relative.” For purposes of immigration, an “immediate relative” means only: 

• the spouse of a U.S. citizen,
• the unmarried child under the age of 21 of a U.S. citizen, and
• the parent of a U.S. citizen (the citizen must be at least 21 years old).

“Immediate Relatives” have several benefits under U.S. immigration law, but they cannot bring any “Derivative Beneficiaries” with them when they immigrate to the U.S.

Derivative Beneficiaries can only follow Principal Beneficiaries 

A “Derivative Beneficiary” can only follow a “Principal Beneficiary.” A “Principal Beneficiary” is:

• a child over the age of 21 of a U.S. citizen,
• a married child of a U.S. citizen,
• a sibling of a U.S. citizen (if the U.S. citizen is over 21 years old),
• a U.S. permanent resident’s spouse, or
• a U.S. permanent resident’s unmarried child under the age of 21.

A “Principal Beneficiary” in one of the above categories can bring “Derivative Beneficiaries” with them when they immigrate to the U.S. A “Derivative Beneficiary” is:

• a Principal Beneficiary’s unmarried child under the age of 21, and
• a Principal Beneficiary’s spouse.  

How can I apply for a Derivative Beneficiary?

A U.S. citizen who applies for an Immediate Relative must file Form I-130 for each Immediate Relative. For example, if a U.S. citizen is applying for his wife, his two children, and his two parents, he must file one Form I-130 for each of these Immediate Relatives. 

What if the U.S. citizen has a 35-year-old son who is married with 3 children? In this scenario, because the son is married and over the age of 21, he is not an “Immediate Relative.” Instead, he is a “Principal Beneficiary.” The U.S. citizen would file a single Form I-130 for his son. After the Form I-130 is approved, and once the son’s priority date becomes current, the U.S. citizen would submit Form DS-260 for the son, the son’s spouse, and each of the son’s children.