Comprehensive Overview of Immigration Law (COIL) Practice Exam

Who can a U Status applicant under the age of 21 include as derivative beneficiaries?

1. Only siblings over the age of 18

2. Parents and unmarried siblings under 18

3. A spouse and married siblings

4. Only children

The correct answer is: Parents and unmarried siblings under 18

The option indicating that a U Status applicant under the age of 21 can include parents and unmarried siblings under the age of 18 as derivative beneficiaries is correct. This is consistent with the provisions of U nonimmigrant status, which is designed to provide protection for victims of certain crimes who are willing to assist law enforcement. A key aspect of this status is that individuals under 21 can petition for certain family members to be included as derivatives. Specifically, those included can be parents (regardless of their immigration status), and unmarried siblings who are under 18 at the time the application is filed. This is important because it allows young applicants to ensure familial support and protection in the immigration process, facilitating their integration and stability in the United States. The incorrect options overlook these specifications. For instance, siblings over the age of 18 cannot be included as derivative beneficiaries since the immigration regulations specifically limit the inclusion to those who are unmarried and under the age of 18. Similarly, the inclusion of a spouse or married siblings is not applicable to this category, as U Status does not extend to married siblings, and "only children" misrepresents the eligibility by failing to recognize the inclusion of parents as well.