Green Card - What To Submit (Derivative Applicants - Not Main Applicant)

What is a Derivative Applicant

In immigration law, a "Derivative Applicant" (or derivative beneficiary) means that your spouse and children are gaining their immigration benefits directly through your primary application, rather than filing separate petitions of their own

You must apply for your own Green Card by filing Form I-485.

Refugees and derivative applicants do not have to pay the filing fee, but you should check the Fee Schedule page to confirm.

You need to send several documents to USCIS to prove your family relationship, your refugee status, your one‑year physical presence in the United States, and your medical and criminal history.

Below is the complete list of everything you must submit.

Requirements (Bullet Points):

• Form I-485 – Application to Register Permanent Residence or Adjust Status (each person files their own form)

• Proof of family relationship – For example, a marriage certificate, birth certificate, or adoption decree

• Proof of your refugee admission – Copy of Form I-94 (Arrival/Departure Record) or an approved Form I-730 petition showing your derivative refugee status

• Proof of one‑year physical presence in the United States

• Two passport‑style photographs

• Copy of your government‑issued photo ID

• Copy of your birth certificate (if available)

• Copy of your passport page showing a nonimmigrant visa (if available)

• Copy of your passport page showing a U.S. admission or parole stamp (if available)

• Form I-94 or CBP admission stamp – If CBP gave you an electronic I-94, print it from www.cbp.gov/I94

• Form I-693 – Report of Medical Examination and Vaccination Record. You must submit the vaccination record portion. Only some derivatives need to repeat the full medical exam – read the Form I-693 instructions.

• Certified police and court records – If you have any criminal charges, arrests, or convictions

• Who Qualifies: Generally, this is strictly limited to your legally married spouse and your unmarried children under the age of 21.
• No Separate Petition Needed: A U.S. sponsor or employer files the main paperwork for you. Your spouse and children are simply added to your existing case.
• Dependence on Your Status: Their applications cannot exist independently. If your primary application is approved, theirs can be approved. If yours is denied, their derivative applications are automatically denied as well.
• Timing Options: According to USCIS guidelines, your derivative family members can either "accompany" you (immigrate to the U.S. at the same time as you) or "follow-to-join" you (immigrate to the U.S. at a later date based on your approved status). 

• Age-Out Risk: If a child turns 21 before the process is finished, they can "age out" and lose their derivative status, though the Child Status Protection Act (CSPA) sometimes offers protection.
• Marital Status Changes: If an eligible child gets married, or if you divorce your spouse during the process, they immediately lose their eligibility as a derivative applicant.

With Love
Accidental Refugee

Source:
USCIS guidelines
Child Status Protection Act (CSPA)

USCIS – Green Card for Refugees

USCIS – Fee Schedule (Form G-1055)

USCIS – Form I-730, Refugee/Asylee Relative Petition

USCIS – Form I-485, Application to Register Permanent Residence or Adjust Status

USCIS – Instructions for Form I-485 (PDF)

USCIS – Chapter 4, Documentation and Evidence (Policy Manual, Volume 7, Part L)

USCIS – Form I-693, Report of Immigration Medical Examination and Vaccination Record

USCIS – Instructions for Form I-693 (within the PDF)

USCIS – Form I-602, Application by Refugee for Waiver of Inadmissibility Grounds

U.S. Customs and Border Protection – I-94 Official Website

USCIS – Tips for Filing Forms with USCIS
www.cbp.gov/I94