T Visa Derivative Adjustment
A person lawfully admitted in T-2, T-3, T-4, T-5, or T-6 derivative status may seek permanent residence under the specialized T adjustment provisions. Derivatives have important advantages: they do not independently have to satisfy the T-1 principal's three-year physical-presence, good-moral-character, or law-enforcement-cooperation requirements. They must, however, continue to hold valid derivative T status when filing, establish admissibility or obtain any required waiver, and depend on an eligible T-1 principal adjustment case.
Can a derivative T visa holder adjust status?
The current regulation separately defines principal eligibility in §245.23(a) and derivative eligibility in §245.23(b). The principal's three-year physical-presence, good-moral-character, and cooperation requirements are not independently imposed on the derivative.
Who can hold derivative T status?
Current T regulations recognize T-2 through T-6 derivative classifications.
| Classification | General Relationship |
|---|---|
| T-2 | Qualifying spouse. |
| T-3 | Qualifying child. |
| T-4 | Qualifying parent. |
| T-5 | Qualifying unmarried sibling under age 18. |
| T-6 | Qualifying adult or minor child of a derivative family member where the present-danger-of-retaliation requirements are satisfied. |
The exact derivative relationships available depend on factors including the T-1 principal's age and, for certain relatives, whether the family member faces a present danger of retaliation arising from the principal's escape from trafficking or cooperation with law enforcement.
The derivative must actually have been admitted in T status
Adjustment under the derivative provision requires lawful admission to the United States in derivative T nonimmigrant status under INA §101(a)(15)(T)(ii).
Evidence can include:
- Derivative T approval notice;
- Form I-94;
- Passport containing the T visa where applicable;
- CBP admission record;
- USCIS change or extension records; and
- Other official records establishing lawful derivative T admission.
Current T regulations distinguish approval of derivative eligibility from actual derivative T nonimmigrant status. A family member abroad generally does not become a derivative T nonimmigrant until the appropriate visa is issued and the person is admitted to the United States in derivative T status.
The derivative must continue to hold T status when filing Form I-485
8 C.F.R. §245.23(b)(2) requires the derivative family member to continue holding derivative T nonimmigrant status when the adjustment application is filed.
Before filing, confirm:
- The derivative classification;
- The current expiration date;
- Any approved extension;
- Any revocation history;
- International travel and readmission records; and
- The planned Form I-485 filing date.
A derivative should not assume that the principal's status history automatically preserves the derivative's separate status.
The T-1 principal must apply and remain eligible
The derivative's adjustment depends on the principal T-1 case.
Under 8 C.F.R. §245.23(b)(1), the T-1 principal must:
- Have applied for adjustment under the T provisions; and
- Meet the principal eligibility requirements in §245.23(a).
Those principal requirements include, where applicable:
- Lawful T-1 admission;
- Continuing T-1 status at filing;
- Qualifying continuous physical presence;
- Admissibility or waiver;
- Good moral character; and
- Cooperation with reasonable requests or a recognized statutory alternative.
A derivative cannot obtain permanent residence through the T derivative route when the principal no longer qualifies for T-based adjustment.
The derivative does not independently need three years of physical presence
This is one of the most important distinctions between principal and derivative T adjustment.
The current derivative provision does not require a T-2 through T-6 applicant to independently prove the principal's three-year continuous physical-presence requirement.
| Requirement | T-1 Principal | T Derivative |
|---|---|---|
| Three years or completed investigation/prosecution period | Yes | Not independently required by §245.23(b) |
| Good moral character during principal statutory period | Yes | Not independently required by §245.23(b) |
| Continued law-enforcement cooperation or alternative | Yes | Not independently required by §245.23(b) |
| Valid derivative T status at filing | Not applicable | Yes |
| Admissibility or waiver | Yes | Yes |
See T Visa Physical Presence, Good Moral Character and Cooperation.
The derivative does not independently need good moral character under the T-1 rule
The principal adjustment regulation expressly requires the T-1 applicant to establish good moral character from first lawful T-1 admission through adjustment adjudication.
The derivative provision does not contain that same independent requirement.
However, derivative misconduct can still matter because:
- The derivative must be admissible or obtain a waiver;
- Criminal conduct can create inadmissibility;
- Some grounds cannot be waived through the T framework; and
- USCIS retains adjustment discretion.
A derivative with serious adverse history may still face inadmissibility or discretionary denial even though §245.23(b) does not impose the principal's statutory good-moral-character element.
The derivative does not independently need to prove trafficking cooperation
The principal T-1 adjustment requirements address continued compliance with reasonable law-enforcement requests or an applicable statutory alternative.
A derivative T family member is not the trafficking victim whose cooperation supports the principal T classification and therefore does not independently satisfy that principal requirement.
The derivative's case instead depends on the principal continuing to satisfy the principal adjustment requirements.
The derivative must be admissible or obtain a waiver
A T derivative must establish admissibility at adjustment or obtain any waiver that USCIS is authorized to grant.
Potential issues include:
- Criminal grounds;
- Controlled substance grounds;
- Fraud or misrepresentation;
- False claims to U.S. citizenship;
- Prior removal;
- Unlawful presence;
- Alien smuggling;
- Health-related grounds;
- Immigration violations; and
- Other INA §212 grounds.
Any waiver previously granted in connection with derivative T status should be reviewed together with any conduct occurring after the waiver or T admission.
Some inadmissibility grounds prevent T adjustment
Current 8 C.F.R. §245.23(c) provides that principal and derivative applicants are not eligible for adjustment if they are described in:
- INA §212(a)(3) — security and related grounds;
- INA §212(a)(10)(C) — international child abduction; or
- INA §212(a)(10)(E) — unlawful voting.
A derivative who is inadmissible under another INA §212 ground must have an applicable waiver where the law permits one.
A waiver that supported the original derivative T grant may resolve disclosed historical conduct, but adjustment should still review whether new inadmissibility arose after the T grant.
Revocation of derivative T status prevents adjustment
8 C.F.R. §245.23(c)(1) makes a person ineligible for T adjustment when the person's T nonimmigrant status has been revoked under the governing T regulations.
Before filing, confirm that:
- The derivative approval remains valid;
- No revocation notice was issued;
- The underlying relationship and eligibility history have been reviewed; and
- Any status-extension issue has been resolved.
The derivative does not automatically lose T status when the principal becomes an LPR
Current regulations expressly state that a derivative family member does not automatically lose T nonimmigrant status when the T-1 principal adjusts to lawful permanent residence.
This permits a derivative adjustment application to remain viable after principal approval where:
- The derivative continues to hold valid derivative T status;
- The derivative has properly filed Form I-485;
- The derivative independently satisfies admissibility or waiver requirements; and
- No other disqualifying issue exists.
This rule prevents a derivative from losing the very nonimmigrant status needed for adjustment simply because USCIS approved the principal first.
The derivative cannot be approved before the principal
Although the principal and derivative may have Form I-485 applications pending at the same time, USCIS cannot approve the derivative adjustment before approving the principal T-1 adjustment.
The cases can therefore be:
- Filed concurrently where otherwise permitted;
- Adjudicated in parallel; or
- Filed at different times.
But final approval follows the principal-first rule.
Denial of the principal automatically defeats the derivative adjustment
8 C.F.R. §245.23(i) provides that denial of the T-1 principal's adjustment application results in automatic denial of the derivative family member's adjustment application.
This makes principal-case preparation important even when the derivative has no personal immigration problem.
The derivative adjustment classification exists because of the T-1 principal. If the principal cannot adjust under the T statute, the derivative cannot independently obtain permanent residence through that derivative application.
T derivative adjustment is not subject to the 5,000 principal cap
INA §245(l)(4) limits principal T-1 adjustments to 5,000 per fiscal year.
Congress specifically excludes qualifying derivative family members from that numerical limitation.
Therefore:
- The principal may be affected by the annual cap;
- The derivative is not separately counted against the 5,000 principal number; and
- Derivative approval still cannot precede the principal's approval.
T-6 derivatives require attention to the current retaliation framework
Current T regulations include T-6 derivative status for certain adult or minor children of derivative family members where the family member faces a present danger of retaliation resulting from the T-1 principal's escape from trafficking or cooperation with law enforcement.
A T-6 adjustment filing should preserve evidence showing:
- The valid T-6 grant;
- The relationship through the qualifying derivative;
- Lawful admission in T-6 status;
- Continuing T-6 status at filing; and
- Any evidence necessary to address the continuing validity of the underlying derivative classification.
See current T regulations when determining who qualifies for T-6 derivative status.
Changes in family relationships should be reviewed before filing
Derivative T classifications are based on specified family relationships and, in some cases, retaliation-based eligibility.
Potentially significant events include:
- Divorce;
- Marriage;
- Turning 21;
- Death of a family member;
- Adoption;
- Changes in custody or parentage; and
- Changes affecting a T-6 qualifying relationship.
The relevant question is not simply whether the relationship changed, but whether the derivative T status remains valid under the governing statute and regulations.
Each derivative files a separate Form I-485
Derivative T adjustment is not added to the principal's application as a single family filing.
Each derivative seeking permanent residence generally files a separate Form I-485.
The filing should include evidence of:
- The derivative T grant;
- Lawful derivative T admission;
- Continuing derivative status;
- The relationship supporting derivative classification;
- The principal T-1 adjustment filing;
- Admissibility or waiver eligibility;
- Identity;
- Travel history;
- Medical examination requirements; and
- Favorable adjustment discretion.
See Form I-485 Process.
Travel while Form I-485 is pending can cause abandonment
Derivative T applicants are subject to the departure rule in 8 C.F.R. §245.23(j).
Departure while Form I-485 is pending generally causes abandonment unless the regulatory exception is satisfied.
An applicant not in exclusion, deportation, or removal proceedings may avoid abandonment when:
- USCIS granted advance parole;
- The applicant travels under that authorization; and
- The applicant is inspected and paroled upon return.
A T adjustment applicant in exclusion, deportation, or removal proceedings who departs while Form I-485 is pending is deemed to have abandoned the application at departure.
Adjustment remains discretionary
The derivative must ultimately persuade USCIS to exercise adjustment discretion favorably.
Positive factors can include:
- Family unity with the T-1 principal;
- Humanitarian circumstances;
- Risk connected to trafficking or retaliation;
- Length of residence;
- Education;
- Employment;
- Caregiving responsibilities;
- Community involvement;
- Rehabilitation;
- Medical needs; and
- Other favorable equities.
Negative factors should be documented and addressed where relevant.
Example: derivative has been in T status only one year
A T-1 principal satisfies the principal adjustment requirements after three years and files Form I-485. The principal's T-3 child entered the United States in derivative T status only one year ago. Under the current derivative provision, the child does not independently need three years of T physical presence. The child must instead satisfy the derivative requirements in §245.23(b), including continuing derivative status and admissibility or waiver.
Example: principal approved before derivative
USCIS approves a T-1 principal's Form I-485 while the spouse's T-2 adjustment remains pending. The spouse does not automatically lose T-2 status solely because the principal became a lawful permanent resident, and the derivative case can continue if the remaining requirements are satisfied.
Example: principal adjustment denied
A T-4 parent has no personal inadmissibility problem and properly files Form I-485. USCIS later denies the T-1 principal because the principal does not satisfy a required adjustment element. Under the regulation, denial of the principal's application results in automatic denial of the derivative adjustment application.
T derivative adjustment checklist
- Confirm valid T-2, T-3, T-4, T-5, or T-6 classification.
- Confirm lawful admission in derivative T status.
- Confirm continuing derivative T status on the Form I-485 filing date.
- Confirm no revocation.
- Confirm the T-1 principal has filed Form I-485.
- Confirm the principal satisfies §245.23(a).
- Do not impose the principal's three-year requirement on the derivative.
- Do not impose the principal's GMC requirement on the derivative.
- Do not impose the principal's cooperation requirement on the derivative.
- Review derivative admissibility.
- Review all prior waivers.
- Identify any new waiver required.
- Check INA §212(a)(3), §212(a)(10)(C), and §212(a)(10)(E).
- Document the qualifying family relationship.
- Develop favorable discretionary factors.
- Review travel before departure while Form I-485 is pending.
- Remember that derivative approval cannot precede principal approval.
Common T derivative mistakes
Requiring Three Years
The derivative is incorrectly forced to wait for the principal T-1 physical-presence period even though §245.23(b) does not independently require it.
Requiring Principal GMC
The case imports the T-1 good-moral-character requirement into the derivative provision instead of analyzing admissibility and discretion.
Expired Derivative Status
The family focuses on the principal's eligibility while overlooking the derivative's separate requirement to continue holding T status at filing.
Ignoring New Inadmissibility
The filing relies on an old T waiver without examining misconduct or immigration events occurring afterward.
Assuming Principal Approval Ends Derivative Status
The derivative unnecessarily abandons a viable adjustment case because the principal became an LPR first.
Derivative Approved Before Principal
The filing strategy overlooks the regulatory rule that final derivative approval cannot precede principal adjustment approval.
Primary authorities
Related INA245.com guides
Frequently asked questions
Do T derivatives need three years in T status before adjusting?
No. The current derivative adjustment provision does not independently impose the T-1 principal's three-year physical-presence requirement on T-2 through T-6 derivative applicants.
Do T derivatives need to prove good moral character?
They do not independently satisfy the T-1 principal's statutory GMC requirement under §245.23(a), but their conduct can still affect admissibility and adjustment discretion.
Do derivative T applicants have to cooperate with law enforcement?
The principal T-1 cooperation requirement is not independently imposed on the derivative under §245.23(b).
Can a derivative file Form I-485 while the principal's application is pending?
Potentially yes. The principal must have applied and meet the principal eligibility requirements, but USCIS cannot approve the derivative before approving the principal.
Does a derivative automatically lose T status when the principal gets a green card?
No. Current regulations expressly state that derivative T status is not automatically lost merely because the T-1 principal adjusts to permanent residence.
Does the 5,000 T adjustment cap include derivatives?
No. The statutory 5,000 annual adjustment limit applies to principal T-1 applicants and does not count qualifying derivative family members.
T derivative adjustment is easier than principal adjustment in several respects, but it still depends on valid derivative status, admissibility, and a successful principal case.
The Messersmith Law Firm, P.A. represents T-1 principals and T-2 through T-6 derivative family members in adjustment matters involving status expiration, inadmissibility, waivers, family relationships, travel, criminal history, RFEs, NOIDs, appeals, and complex Form I-485 eligibility.
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