Noblesville, IN asked in Domestic Violence and Immigration Law for Tennessee

Q: Can my child file forms i-485 & i-765 if she is a derivative on a VAWA petition that I am about to file.

I am desirous of including my child (18 years old, he lives in the United States) as a derivative of my VAWA petition due to abuse from my USC spouse. I will be filing concurrently forms i-765 and i-485 along with the form i-360. Can my child also file forms i-765 and i-485 concurrently as well, since she will be included as a derivative? Thank you.

1 Lawyer Answer
James L. Arrasmith
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  • Immigration Law Lawyer
  • Sacramento, CA

A: Yes, your child can indeed file forms I-485 (Application to Register Permanent Residence or Adjust Status) and I-765 (Application for Employment Authorization) as a derivative beneficiary of your Violence Against Women Act (VAWA) petition. When you file your Form I-360 (Petition for Amerasian, Widow(er), or Special Immigrant) under VAWA, eligible children can be included as derivatives in your case. This provision allows them to seek adjustment of their status and work authorization concurrently with your application.

For your child to be eligible as a derivative, they must be under 21 years old and unmarried. Given that your child is 18 and living in the United States, they meet the basic criteria for age. It's important that you include all necessary documentation for both yourself and your child in the application process. This documentation will help demonstrate your relationship and their eligibility as a derivative beneficiary.

It's also wise to stay informed about any updates or changes in the processing guidelines by checking official sources or consulting with legal guidance familiar with immigration law. Ensuring all forms are accurately completed and submitted with the required evidence will aid in the smooth processing of your and your child's applications.

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