Comprehensive Overview of Immigration Law (COIL) Practice Exam

What applies to Luisa regarding the immigration of her husband Sanjay?

1. He cannot accompany her.

2. He qualifies as a derivative beneficiary.

3. He will need a separate I-130 petition.

4. He is ineligible for immigration benefits.

The correct answer is: He qualifies as a derivative beneficiary.

The response that Sanjay qualifies as a derivative beneficiary is correct because, in U.S. immigration law, when an individual is granted a specific immigration status, their spouse or certain family members may also be eligible to obtain that status as derivative beneficiaries. This means that if Luisa is in a position, such as a visa category that allows for derivative beneficiaries, Sanjay would be able to accompany her or adjust his status based on his relationship with Luisa. Derivative beneficiary status provides a pathway for family members to join the primary applicant without needing to go through the more burdensome process of submitting a separate petition, representing a streamlined way for families to remain united. It is crucial to understand that this process demonstrates the importance of familial connections in the immigration system, particularly for applicants seeking lawful permanent residency or other immigration benefits. Other options like the need for a separate I-130 petition or claiming ineligibility for benefits suggest a misunderstanding of how derivative relationships function in immigration cases. They imply that additional and unnecessary steps are required for Sanjay when he may actually be eligible to benefit directly through his relationship with Luisa.