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)