The U.S. Immigration and Nationality Act (INA), section 208, provides that a person determined to be a refugee “may” be granted asylum, and that the spouse or child of an alien granted asylum “may” be granted the same status if accompanying, or following to join, the principal applicant (INA 208(b)(3)). The derivative family members are sometimes referred to as Visas 92 (V-92) beneficiaries.
The aforementioned section of law makes it clear that a spouse or child is not automatically entitled to the same status as the principal applicant, but that the grant of derivative status is discretionary.
A consular officer will determine a beneficiary’s eligibility to receive this benefit after interviewing each applicant. For more information on the subject please click here.