Many immigrant and non-immigrant visas allow the foreign national’s spouse and children under the age of 21 to accompany the principal immigrant to the United States. Examples of these family member visas, known as derivative visas, include the following:
- The H4 visa is the derivative visa for the H1B visa.
- The spouse and unmarried children of L1 visa holders may qualify for the L2 visa.
- Derivative beneficiaries of O1 visa applicants can apply for an O3 visa.
- R1 visa holders’ spouse and children can accompany them on the R2 visa.
- The derivative visa of the TN visa is the TD visa; and
- E1 and E2 dependent visas allow the immigrants wife and children under 21 to obtain a green card at the same time as the principal applicant. Spouses of E-1 and E-2 visa holders who wish to work may apply for work authorization. If their work authorization is approved, there is no restriction on where they may work.
Some (but not all) derivative visas (visas for spouse and children) also allow their holders to work in the United States with approved work authorization, a/k/a work permit or Employment Authorization Document (EAD).
A qualifying spouse or child who wishes to immigrate to the U.S. as a derivative beneficiary must meet the U.S. immigration law of either a “spouse” or a “child”. You must be legally married to your spouse, and your child must be unmarried both when the initial petition is filed and when approved for U.S. residence and/or entering the U.S. on an immigrant visa, under age 21, and either a biological, adopted, or stepchild.
U.S. Citizens and Legal Permanent Residents are also able to sponsor family members for green cards and visas that can eventually lead to U.S. citizenship.
Immediate relative visas allow U.S. Citizens to sponsor their parents in addition to their spouse and unmarried children under 21, and family preference visas are available for more distant relatives of U.S. Citizens and certain relatives of Legal Permanent Residents (LPRs a/k/a green card holders), such as siblings.
If you are interested in learning more about immigration options for yourself, your family member(s), or your loved one(s), contact the Scott Law Firm today!