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Derivative applicants

Derivative Asylee Green Card Preparation Guide

Derivative applicants can have different facts, documents, and filing questions from the person who received asylum. Use the current USCIS sources to identify the applicable process and flag family situations that need individualized advice.

Sources checked:

Separate principal and derivative facts

Start with the relationship, the asylum record, and the dates that connect the derivative applicant to the principal asylee. Review each applicant's form and evidence separately; do not copy answers just because the applicants are filing together.

USCIS policy and the form instructions control whether a person can use a derivative pathway and what evidence is needed. This guide does not decide that question.

Review the continuing relationship and presence topics

USCIS derivative guidance asks whether the applicant is currently the principal asylee's spouse or child under the applicable definition, whether the principal still meets the refugee definition, and whether the derivative grant remains in effect. Preserve current civil records and the evidence of the derivative asylum grant.

The derivative applicant also has separate physical-presence questions. USCIS describes physical presence in the United States when filing and the required period after the derivative asylum grant as part of the review. Filing or timing questions can be fact-sensitive, so use the current policy and instructions rather than assuming the principal's dates apply.

  • Confirm the relationship record for the specific applicant.
  • Track the derivative applicant's asylum-grant and presence dates separately.
  • Check whether either asylum grant has ended or changed.

Prepare a separate application and packet

Each derivative applicant needs the forms, signatures, identity records, relationship evidence, asylum evidence, and other supporting material required by the current USCIS instructions. A shared mailing package does not make the applicants' answers or evidence interchangeable.

Criminal history, prior immigration proceedings, travel, a changed relationship, adoption, age, termination, inadmissibility, or waiver questions should be escalated to an immigration attorney or DOJ-accredited representative. StatusShift can stop or warn about product boundaries; it cannot choose a legal strategy.

Review family changes carefully

Marriage, divorce, adoption, age, travel, status changes, or other family events may affect the records and questions that need attention. Preserve the relevant civil documents and ask an immigration attorney or DOJ-accredited representative about facts outside a guided preparation flow.

  • Use the current USCIS instructions for each applicant.
  • Keep relationship evidence consistent with the civil records.
  • Do not treat a software product-fit result as a legal eligibility decision.

Prepare with a clear boundary

StatusShift is self-help software, not a law firm. It uses your answers to prepare supported forms; it does not provide legal advice or predict what USCIS will decide.

Official USCIS sources

Questions to organize when a spouse or child is preparing a derivative asylee adjustment-of-status packet.

Check whether the guided flow fits

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