U nonimmigrant derivatives may apply to extend status with the VSC when the status was initially granted for less than the three years required for adjustment of status under INA §245(m).
Although the regulations at 8 CFR §214.14(g)(2) contemplate extensions of U derivative status in cases where the derivative is outside the United States and is unable to enter in a timely manner due to consular processing delays, the regulations are silent about extensions of status for U derivatives in other situations.
USCIS has clarified that extensions of status are also warranted where the derivative’s U nonimmigrant adjudication was delayed, resulting in an initial grant of status for less than three years. Because adjustment of status under INA §245(m) requires that the applicant have U status for at least three years, this resulted in some derivatives being ineligible to adjust. The policy memorandum clarifies that VSC can consider delays other than those related to consular processing as a basis for extending U derivative status.
The request for an extension of status should be made using form I-539 and filed with the VSC regardless of geographical jurisdiction. The application should include:
* the filing fee or documented request for a fee waiver,
* evidence of the principal’s and derivative’s U status,
* evidence of the principal’s adjustment of status (if applicable),
* evidence of the derivative’s relationship to the principal, and
* the applicant’s statement regarding why the extension is needed.