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Each derivative applicant must file their own Green Card application and supporting documents. In order to be eligible for VAWA-based adjustment as a derivative applicant, you must meet the following requirements:

Visa Availability for Derivative Applicants

If your parent is a VAWA self-petitioner and is the spouse or child of a U.S. citizen who was abusive, we consider your parent to be an immediate relative when determining whether a visa is available. You, as a derivative child, would also be considered as an immediate relative. In these cases, if there is a visa immediately available to your parent, you may submit a Form I-485 together with your parent’s Form I-485. You may also file your Form I-485 separately based on your parent’s pending or approved Form I-485.

If your parent is a VAWA self-petitioner and is the spouse of a lawful permanent resident (LPR), you, as the derivative child, will generally have the same visa preference category and priority date as your self-petitioner parent. You can file your Form I-485 when a visa available for your preference category based on your priority date.

Protections for Derivatives Who Turn 21

In certain circumstances, if you turn 21 years old, you can still be treated as a child for immigration purposes. The Child Status Protection Act (CSPA) permits certain individuals to continue to be considered as a child, even if he or she reaches the age of 21. For more information, see the Child Status Protection Act page.

If you do not benefit from the CSPA, INA 204(a)(1)(D) may allow you to adjust status in a preference category when a visa becomes available. For example, if you were a derivative of an abused parent of an LPR spouse, you will move from the child of an LPR (F2A) category to the unmarried son or daughter of an LPR (F2B) category upon turning 21 years old so long as you remain unmarried. If your parent is an abused spouse of an LPR and you were included in your parent’s VAWA self-petition as a derivative child, you keep the priority date from that filing. If INA 204(a)(1)(D) applies to you, you are able to independently apply for a Green Card without filing a new VAWA self-petition.

If you are a derivative applicant, you should submit the following documentation and evidence to apply for a Green Card based on a VAWA self-petition:

Note: If CBP provided you with an electronic Form I-94 upon your arrival/admission to the United States, you may print out a paper version of the Form I-94 from the CBP website at www.cbp.gov/I94;

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