Age-Out Protection for Derivative U Nonimmigrant Status

Policy effect

Established binding USCIS policy authorizing the approval of U-3 derivative nonimmigrant petitions for the full eligibility period of four years, allowing derivatives to retain status past their 21st birthday. Phase scope: Nationwide binding policy across all USCIS adjudications for U visa derivative petitions.

Conditions and exceptions

Validated condition or limit: Established binding USCIS policy authorizing the approval of U-3 derivative nonimmigrant petitions for the full eligibility period of four years, allowing derivatives to retain status past their 21st birthday.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

This policy memorandum (PM) provides guidance relating to certain U-3 derivative nonimmigrant petitions that are being held for final adjudication or have had their prior approvals limited in time due to the derivative aging-out. This PM also authorizes the approval of U-3 derivative nonimmigrant petitions for the full eligibility period of four years, allowing the U-3 derivative to remain in U nonimmigrant status past his or her 21st birthday, if necessary.

Review method

Two separate automated exact-claim source reviews

Other United States changes operative in 2012

• 2012-04-17BIA Precedent on Unlawful Presence and Advance Parole (Matter of Arrabally and Yerrabelly)
• 2012-09-18Somalia redesignated for TPS, allowing individuals residing in the U.S.
• 2012-11-01Taiwan added to the Visa Waiver Program