U Visa Derivatives: Eligibility, Age-Out, and Green Card Path

U visa derivatives are the qualifying family members a crime victim can include on a U nonimmigrant petition so they receive their own legal status, work authorization, and eventual access to a green card. Who counts as a qualifying relative depends on how old the victim was when the qualifying crime occurred, and every derivative’s status is tied to the principal victim’s case.

Who Counts as a Qualifying Family Member

Eligibility splits on the principal victim’s age at the time of the qualifying criminal activity.

If the victim was under 21 when the crime occurred, the following relatives can be included:

Spouse (classified U-2)
Unmarried children under 21 (U-3)
Parents (U-4)
Unmarried siblings under 18 (U-5)

If the victim was 21 or older at the time of the crime, only a spouse and unmarried children under 21 qualify.¹ Parents and siblings drop out of the picture for adult victims. That is one reason practitioners often push to file quickly when a victim is nearing 21.

The qualifying relationship has to exist at several moments: when the principal’s Form I-918 is filed, when the derivative’s Supplement A is decided, and when the derivative is admitted to the United States.² A child or sibling who marries partway through the process loses eligibility, because being unmarried is a condition that has to hold the whole way through.

Age-Out Protections

Cases take years, and children and siblings can cross an age threshold while a petition sits in the queue. The regulation builds in a fix. If the principal was under 21 when the I-918 was filed and included an unmarried sibling under 18 at that time, USCIS keeps treating that sibling as a qualifying family member even if either person ages past the cutoff before adjudication. The victim’s own age is fixed by when the criminal activity occurred, not when the petition is filed.¹

These U-specific protections operate independently from the Child Status Protection Act, which does not apply to U petitions.³

Proving the Family Relationship

Each derivative needs a separate Form I-918, Supplement A, and each one has to be backed by documents proving the relationship to the principal.⁴ The evidence depends on the relationship:

Spouses: a valid marriage certificate showing the marriage existed when the principal’s I-918 was filed.
Children: a birth certificate naming the parent, or adoption records.
Parents: the principal’s birth certificate naming the parent.
Siblings: birth certificates for both the principal and the sibling showing at least one shared parent.

When primary documents are lost, destroyed, or were never issued, USCIS accepts secondary evidence such as school records, religious records like baptismal certificates, census data, or medical records. Sworn affidavits from people with firsthand knowledge of the relationship can supplement that record.

If the paperwork does not establish a claimed biological relationship, USCIS may suggest voluntary DNA testing. The agency cannot require it, but it can raise the issue through a Request for Evidence or a Notice of Intent to Deny. Testing has to follow USCIS chain-of-custody rules, results have to come directly from an AABB-accredited lab to the adjudicating office, and the petitioner pays.

Documents in any language other than English need a certified English translation with a translator’s statement of accuracy and competence.⁴

How to File

The principal victim files Form I-918, Supplement A for each derivative. Supplement A can go in with the principal’s I-918 or later. The principal’s A-Number belongs on the form so USCIS can link the two files. Both the principal and the derivative (if inside the United States) sign the supplement.⁵

There is no filing fee for Form I-918 or Supplement A.⁴ Related forms, like an Employment Authorization Document application, can carry fees, and Form I-912 lets you request a fee waiver.⁶

The package goes to a USCIS lockbox facility assigned by the petitioner’s state of residence. The current mailing address is on the USCIS I-918 page.⁷ USCIS then issues a Form I-797C receipt, and the derivative attends a biometrics appointment at an Application Support Center for fingerprints, a photo, and a signature.

If the Family Member Is Abroad

Relatives who live outside the United States follow a different track. Instead of Supplement A, the principal files Form I-929, Petition for Qualifying Family Member of a U-1 Nonimmigrant. Once USCIS approves it, the case moves to the National Visa Center, and the family member completes consular processing at a U.S. embassy or consulate, including an in-person interview. Derivatives abroad are not eligible for employment authorization until they lawfully enter the country, so filing an I-765 before entry is premature.⁴

The Annual Cap and What Derivatives Get While Waiting

Congress caps U-1 principal visas at 10,000 per fiscal year. Derivative visas do not count against that cap.⁸ A principal who brings four family members still uses only one of the 10,000 slots.

Even so, demand far exceeds the cap, and hundreds of thousands of petitions are pending.⁷ When the cap is hit, new petitions go on a waiting list, and final approval waits for a visa number in a future fiscal year.

To ease that wait, USCIS uses a bona fide determination (BFD) process. Once the principal has a BFD, USCIS looks at each derivative’s Supplement A separately. A derivative is not automatically covered by the principal’s BFD.⁹ For a derivative, USCIS grants a BFD when the principal has one, the Supplement A was properly filed, the petition contains credible evidence of the relationship, and background checks are complete. A derivative BFD comes with deferred action and an Employment Authorization Document, so the family member can work and is protected from removal while the case is pending.

As of early fiscal year 2026, the national median processing time for Form I-918 petitions was roughly 17.6 months, covering the category as a whole.¹⁰ Full approval of U nonimmigrant status usually takes substantially longer than that because of the cap and backlog, so families should plan on a multi-year timeline from filing to final status.

Work Authorization

Once a derivative is in U nonimmigrant status, they are authorized to work by virtue of that status, but they do not automatically get a physical card. To obtain an EAD as proof for employers, the derivative files Form I-765, Application for Employment Authorization.¹¹ Derivatives who receive a bona fide determination also get an EAD as part of that process, covering the wait for a final decision.⁹

Getting Past Inadmissibility Issues

A derivative may be inadmissible for reasons like unlawful presence, entry without inspection, or prior criminal history. The U program allows an unusually broad waiver: nearly every ground of inadmissibility can be waived on Form I-192, Application for Advance Permission to Enter as a Nonimmigrant.¹² The exception is anyone connected to Nazi persecution, genocide, torture, or extrajudicial killing.

USCIS grants the waiver as a matter of discretion when doing so serves the public or national interest, weighing the seriousness of the underlying ground against humanitarian considerations. The I-192 can be filed with the Supplement A or on its own.

How Long Status Lasts, and What Can End It

Derivative U status can last up to four years total, and a derivative’s initial approval period cannot extend past the principal’s expiration date.¹ The status is tethered to the principal’s case and cannot stand alone.

USCIS can revoke an approved derivative petition when:

The qualifying relationship ends, such as through divorce for a spouse.
The principal’s U-1 status is revoked, which automatically denies any pending derivative petition and terminates any approved derivative status.
USCIS finds fraud in the petition.
The law enforcement official who signed the certification withdraws or disavows it.

Revocation also voids any inadmissibility waiver that was granted with the petition, and USCIS can then start removal proceedings.¹

Path to a Green Card

A derivative who held U-2 through U-5 status can apply to adjust to lawful permanent residence on Form I-485 after being physically present in the United States in derivative status for a continuous period of at least three years.¹³ Continuous presence means no single absence longer than 90 days and no combined absences over 180 days, unless an absence was related to the criminal investigation or prosecution.¹⁴

The derivative also cannot be inadmissible on the narrow grounds tied to Nazi persecution, genocide, torture, or extrajudicial killing. USCIS looks at whether continued presence in the United States is warranted on humanitarian grounds, to keep the family together, or otherwise in the public interest. The derivative must be in valid U nonimmigrant status when filing Form I-485 and must maintain physical presence through the decision date.¹³

A separate pathway exists for family members who never held U status but have an approved Form I-929. They need the approved I-929, must not be inadmissible on the narrow grounds above, and must merit a favorable exercise of discretion.¹³ This route matters most for relatives who were processed at a consulate abroad and later seek permanent residence.

1
eCFR. 8 CFR 214.14 – Alien Victims of Certain Qualifying Criminal Activity
2
U.S. Citizenship and Immigration Services. Eligibility Requirements for U Nonimmigrant Status
3
U.S. Citizenship and Immigration Services. Child Status Protection Act (CSPA)
4
U.S. Citizenship and Immigration Services. Form I-918 Instructions for Petition for U Nonimmigrant Status
5
U.S. Citizenship and Immigration Services. Form I-918 Supplement A – Petition for Qualifying Family Member of U-1 Recipient
6
U.S. Citizenship and Immigration Services. I-912, Request for Fee Waiver
7
U.S. Citizenship and Immigration Services. I-918, Petition for U Nonimmigrant Status
8
Office of the Law Revision Counsel. 8 USC 1184 – Admission of Nonimmigrants
9
U.S. Citizenship and Immigration Services. National Engagement – U Visa and Bona Fide Determination Process – Frequently Asked Questions
10
USCIS. Historical National Median Processing Time
11
U.S. Citizenship and Immigration Services. I-765, Application for Employment Authorization
12
U.S. Citizenship and Immigration Services. I-192, Application for Advance Permission to Enter as a Nonimmigrant
13
U.S. Citizenship and Immigration Services. Green Card for a Victim of a Crime (U Nonimmigrant)
14
Office of the Law Revision Counsel. 8 USC 1255 – Adjustment of Status of Nonimmigrant to That of Person Admitted for Permanent Residence