# 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)