★ ✶ INFORMATION CONTAINED HEREIN MAY BE OUT OF DATE OR INCORRECT ✶ ♦ This is a private testing and staging server. . . ♦ ★ This is for testing and staging ★ ✭ THE INFORMATION CONTAINED HEREIN MAY NOT BE ACCURATE ✭ ★
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Derivative Children

DERIVATIVE CHILDREN

Derivative Child In The United States
U Not Yet Filed & Child Not 21
Under 21 At Time Of Filing But Turned 21 While App Pending
Under 21 At Time Of Approval But Turning 21 Before The 3 Years

 

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!!!
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.
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)

 

 

 

 
Derivative

Child

Not In United States
ABOUT TO TURN 21 U NOT YET FILED
UNDER 21 AT TIME OFAPPROVAL BUT TURNED 21 WHILE APPLICATION PENDING
UNDER 21 AT TIME OFAPPROVAL BUT TURNING 21 BEFORE 3 YEARS CONTINUOUS PRESENCE

 

FILE INMEDIATELY TO PRESERVE DATE Explore alternative remedies such as family relative petition, humanitarian parole, asylum
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
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)