Legal Definitions - accompanying relative

An accompanying relative is a family member whose eligibility to immigrate to the United States is directly tied to a primary immigrant, often referred to as the "principal applicant" or "principal alien." This means their immigration status, such as a visa or Green Card, is derived from the principal applicant's successful application.

A crucial aspect of being an accompanying relative is the timing of their entry into the U.S. They must either enter the country at the same time as the principal applicant or at a later date. They are expressly prohibited from entering the United States before the principal applicant.

• Example 1: Professional and Spouse
  Dr. Lee, a renowned scientist, successfully obtains an employment-based immigrant visa (a Green Card) to work at a research institution in the United States. His wife, Maria, wishes to join him. Maria would apply as an accompanying relative. Her ability to receive an immigrant visa is entirely dependent on Dr. Lee's approved status. She must ensure her entry into the U.S. occurs either simultaneously with Dr. Lee's or at any point after he has lawfully entered.

• Example 2: Investor and Children
  Mr. Gupta invests a significant amount in a U.S. business, qualifying him for an EB-5 investor immigrant visa. He has two unmarried children, aged 16 and 19. These children would be considered accompanying relatives. Their Green Cards are contingent upon Mr. Gupta's successful EB-5 application. They are permitted to enter the U.S. with him or at a later time, but they cannot arrive before Mr. Gupta himself.

• Example 3: Refugee Status and Family
  Ms. Anya is granted refugee status in the United States. After her status is confirmed, she applies for her unmarried 20-year-old daughter, Sofia, to join her. Sofia would be considered an accompanying relative (or "following to join" in this context, which falls under the same principle). Sofia's eligibility for derivative refugee status is based on her mother's. She must wait for her own application to be processed and can only enter the U.S. after Ms. Anya has established her residence.