U Visa & VAWA: Including Children and New Spouses (Derivatives)

Initial Summary

Did you apply for a U Visa or VAWA and are worried about what will happen with your children or new partner? This article explains how to include family members as derivatives in your case, the requirements, age limits, and how to legally reunify your family inside or outside the United States.

When someone files a U Visa or VAWA petition, they do so seeking protection, stability, and a new opportunity. But once the case moves forward, an even stronger concern arises:

"Will I be able to bring my children?" or "Could my new partner apply with me?"

The good news is that there are legal options to include certain family members in your case as "derivatives." This not only protects the principal applicant but extends that benefit to their family, whether inside the U.S. or abroad.

This article explains how this process works, who qualifies, what forms must be filed, and the maximum age to include your children before it's too late.

What Is a Derivative in Immigration?

The benefit that could protect your family.

In the context of the U Visa and VAWA, a derivative is a family member who could obtain immigration benefits through the principal applicant, without having been a direct victim of the crime or abuse.

It is not automatic. It must be requested separately, meeting certain requirements, but it is a powerful legal pathway to reunite or protect the applicant's family.

U Visa Derivatives: Who Can You Include?

Depending on whether you are a direct victim or derivative

If you are the principal U Visa applicant, you may include as derivatives:

Spouse (legally married at the time of the application)
Unmarried children under 21 years old

If you are under 21 and the principal applicant, you may also include:

Parents
Unmarried siblings under 18 years old

The relationship must exist before the U Visa is approved. If you marry or have a child afterward, they cannot be included as derivatives, although they may benefit later when you apply for residency.

VAWA and Family Reunification

Can I include my children or new spouse?

Under VAWA, you may include in your petition:

Unmarried children under 21 years old, even if they were not victims of the abuse.

Esto aplica tanto si:

You are filing VAWA as an abused spouse
As an abused parent by a U.S. citizen child
As an abused child

You cannot include a new partner as a direct derivative under VAWA, but if you marry after obtaining residency through VAWA, you can petition for them as a spouse through a regular family petition.

Maximum Age for Children: The Most Critical Factor

How to prevent them from being "left out" by a few months

One of the saddest mistakes in these processes is losing the benefit for a child because they turned 21 without being included in time.

1
For the U Visa, the child must be unmarried and under 21 when Form I-918A is filed.
2
For VAWA, ideally include them on Form I-360 before they turn 21.
3
There is a protection called CSPA (Child Status Protection Act) that may freeze the age in certain cases, but it does not apply automatically. It requires legal analysis.

If your children are about to turn 21, speak with an attorney immediately to evaluate whether you can include them before it's too late.

What If My Children Are Outside the United States?

They may also receive the visa from their country

Yes. Your derivative children may:

Wait in their country while your case is processed
Receive the U Visa or immigrant visa at the corresponding consulate, if approved as derivatives

It is a slower process, but entirely possible. Many parents are surprised to learn that they do not need to be physically with their children in the U.S. to start the reunification process.

Real Cases: Protecting More Than Just One Person

Ana: VAWA and Her Two Teenage Children

Ana, a domestic violence victim, started her VAWA case with legal help. By including her two children (ages 17 and 13), the entire family obtained immigration protection, without the children being directly involved in the abuse.

Luis: U Visa with Wife and Daughter Abroad

Luis was the victim of a violent robbery and cooperated with police. He filed his U Visa and added his wife and 9-year-old daughter, who still lived in their home country. Although the process was long, they now live together in the U.S. legally.

These cases show that your process could be the beginning of something much bigger for your entire family.

Conclusion

Filing a U Visa or VAWA petition does not have to be a lonely path. The law allows your effort and courage to also protect those you love, as long as you act in time and with strategy.

If you already have a pending or approved petition, immediately evaluate whether you can include your children or spouse as derivatives. Don't wait until it's too late. One call or consultation could make the difference between an individual case and a life-changing family outcome.

Consult with an Attorney Now

Sources Cited

USCIS – U Visa Derivatives
USCIS – VAWA Self-Petitioning Provisions
ILRC – Child Status Protection Act (CSPA) Guide
American Immigration Council – U Visa and Family Members