Criteria for Qualifying as a Derivative Spouse or Child

The USCIS prefers not to separate families. Chargeability allows a spouse or child of a preference immigrant to “accompany” or “follow to join” the principal beneficiary of an immigration visa – by charging their priority date to the country of the principal beneficiary. If the spouse or children can’t adjust their status independent of their relationship of the principal immigrant, the spouse/child “derives” their status from the principal immigrant.

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