Comprehensive Overview of Immigration Law (COIL) Practice Exam

Which family member cannot be included in the derivative beneficiaries of a U Status applicant?

1. Spouse

2. Children under 18

3. Parents

4. Married siblings

The correct answer is: Married siblings

The correct choice is that married siblings cannot be included as derivative beneficiaries of a U Status applicant. U Nonimmigrant Status is designed for victims of certain crimes who have suffered mental or physical abuse and who are helpful to law enforcement in the investigation or prosecution. When it comes to derivative beneficiaries, the list is specific and limited. The categories typically include the applicant's spouse and children under 18 years old. These family members are granted derivative status as they are considered immediate dependents who require protection based on their relationship with the principal applicant. However, parents and married siblings do not qualify for derivative status under U Visa provisions. While parents can be included in some immigration contexts, siblings, particularly if they are married, are not considered immediate family members eligible for derivative benefits in the context of the U Visa application. This limitation helps to maintain focus on the primary relationships most directly affected by the application and the circumstances that led to the granting of U status.