Derivative Children
DERIVATIVE CHILDREN
Derivative Child In The United States
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U Not Yet Filed & Child Not 21
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Under 21 At Time Of Filing But Turned 21 While App Pending
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Under 21 At Time Of Approval But Turning 21 Before The 3 Years
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FILE NOW Mail application as soon as possible, even if no I-918B Certification yet Request VSC NOT to deny, flagging age-out issue as reason for filing. Do not wait VSC's VAWA unit does not receive Friday mail until Monday!!!
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DO NOT ADJUST THE PRINCIPAL BEFORE THE DERIVATIVE IS APPROVED Ask for an extension citing U extensions Memo for principals p.3 Request deferred action and EAD under 8 CFR ß274a.12(c)(14) unless in removal proceedings.
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FILE EXTENSION OF U on form II 539. Can be filed 6 months before but VSC will not start adjudicating until 90 days of expiration Request deferred action and EAD under 8 CFR ß 274a.12(c)(14) File to adjust principal once derivative accrues 3 years in continuous presence, request EAD for principal based on 8 CFR ß274a.12(c)(9)
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Derivative
Child Not In United States |
ABOUT TO TURN 21 U NOT YET FILED
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UNDER 21 AT TIME OFAPPROVAL BUT TURNED 21 WHILE APPLICATION PENDING
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UNDER 21 AT TIME OFAPPROVAL BUT TURNING 21 BEFORE 3 YEARS CONTINUOUS PRESENCE
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FILE INMEDIATELY TO PRESERVE DATE Explore alternative remedies such as family relative petition, humanitarian parole, asylum
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DO NOT ADJUST PRINCIPAL Ask for an extension citing U extensions memo p. 3 If denied, file an appeal to preserve potential eligibility after age-out memorandum
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PROCESS DERIVATIVE INTO US INMEDIATELY AFTER derivative in US proceed with extension and EAD request based on deferred action, 8 CFR ß 274a.12(c)(14)
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