Form I-929 Form I-929 Petition for Qualifying Family Member of a U-1 Nonimmigr

I-929, Petition for Qualifying Family
Member of a U-1 Nonimmigrant

Department of Homeland Security
U.S. Citizenship and Immigration Services

Instructions
Read these instructions carefully to properly complete your Form I-929. If you do not follow the instructions, U.S. Citizenship and
Immigration Services (USCIS), may have to return your Form I-929, which may delay final action. If you need more space to complete an
answer, use a separate sheet(s) of paper. Write your name and Alien Registration Number (A-Number), if any, at the top of each sheet(s)
and indicate the number of the item relating to your answer. Include the Part and letter or number referring to the additional
information you are providing.

What Are the General Filing Instructions?

What Is the Purpose of This Form?
The purpose of Form I-929 is to request immigration benefits
on behalf of a family member who never held U
nonimmigrant status. To process your Form I-929, you will
need to supply USCIS with a signed Form I-929 and the filing
fee. In addition, you will need to supply the appropriate
supporting documents for your petition. Any non-English
language document must be translated into English.

Who May File?

A. Type or print legibly in black ink.
B. If extra space is needed to complete any item, attach a
continuation sheet, indicate the item number, and date and
sign each sheet.

DRAFT

A U-1 nonimmigrant status holder may file this form with
U.S. Citizenship and Immigration Services (USCIS) on behalf
of a family member who does not hold U nonimmigrant status
and who wishes to immigrate to the United States. You must
demonstrate that:
A. You became a lawful permanent resident, or have a
pending Application to Register Permanent Residence or
Adjust Status (Form I-485), based on your status as a U-1
nonimmigrant (victim of criminal activity);

C. Answer all questions fully and accurately. If any item does
not apply, write "N/A."

Translations
Any document containing a foreign language submitted to
USCIS shall be accompanied by a full English language
translation which the translator has certified as complete and
accurate, and by the translator's certification that he or she is
competent to translate from the foreign language into English.
Copies
If these instructions state that a copy of a document may be
filed with your Form I-929, submit a copy. If you choose to
send the original, USCIS may keep that original for our
records. If USCIS requires the original, it will be requested.

B. Your alien relative is eligible for immigrant classification
based on his or her relationship to you; and

What Initial Evidence Is Required To Support
This Petition?

C. You can establish that you or your alien relative will suffer
extreme hardship if not allowed to remain in or to enter the
United States.

You are required to provide documentary evidence of the
following:

You must file a separate petition for each eligible relative.

For Whom May You File?

A. Your lawful permanent resident status or evidence that you
have a pending Application to Register Permanent
Residence or Adjust Status (Form I-485) based on your
status as a U-1 nonimmigrant;
B. Your relationship to the alien beneficiary; and

A. If you are under 21 years of age, you may file this
petition on behalf of your:
1. Spouse;
2. Unmarried child(ren) under 21years of age; and
3. Parent(s).

C. Extreme hardship to you or your alien relative if he or she

is not allowed to remain in or to enter the United States.

NOTE: Form I-929 cannot be approved for your alien
relative until your Form I-485 is approved based on your U-1
nonimmigrant status.

B. If you are over 21 years of age, you may file this
petition on behalf of your:
1. Spouse; and
2. Unmarried child(ren) under 21years of age.
Form I-929 Instructions (Rev. 10/23/08)

What Documents Do You Need Demonstrate
Your Status?
Provide the following to demonstrate you are eligible to file
this petition:
A. If you are a permanent resident, you must file your petition
with a copy of the front and back of your permanent
resident card. If you have not yet received your card, submit
copies of your passport biographic page, and the page
showing admission as a permanent resident, or other
evidence of permanent resident status issued by USCIS.

E. A mother: Submit a copy of your birth certificate showing
your name and your mother's name. Evidence of any legal
name change must also be submitted if the names on the
birth certificate do not match the names on the petition.
F. A father: Submit a copy of your birth certificate showing
the names of both parents. Also give a copy of your
parent's marriage certificate establishing that your father was
married to your mother before you were born, and copies
of documents showing that any prior marriages of either
your father or mother were legally terminated. If you are
filing for a stepparent or adoptive parent, or if you are
filing for your father and were not legitimated before your
18th birthday, also see D, G, and H.

DRAFT

B. If your Form I-485 is pending, you must submit a copy of
your approval notice for your Petition for U Nonimmigrant
Status (Form I-918) and a receipt notice showing that your
Form I-485 has been filed with USCIS.

What Documents Do You Need to Prove a
Family Relationship?
Certain documents are required to be submitted with this
petition to show that a relationship exists between you and
your relative. In all cases, submit a recently taken clear
photograph of the family member for whom you are filing,
and if you are filing for:
A. A Husband or wife: Submit the following documentation:
1. A copy of your marriage certificate.
2. If either you or your spouse were previously married,
submit copies of documents showing that all prior
marriages were legally terminated.
3. Evidence of any legal name change.
B. A child and you are the mother: Submit a copy of the
child's birth certificate showing your name and the name
of your child.
C. A child born in wedlock and you are the father: Submit
a copy of the child's birth certificate showing both parents'
names and your marriage certificate.
D. A child born out of wedlock and you are the father: If
the child was not legitimated before reaching 18 years of
age, you must file your petition with copies of evidence
that a bonafide parent-child relationship existed between
the father and the child before the child reached 21 years of
age. This may include evidence that the father lived with
the child, supported him or her, or otherwise showed
continuing parental interest in the child's welfare.

G. Stepparent/stepchild: If your petition is based on a
stepparent-stepchild relationship, you must file your
petition with a copy of the marriage certificate of the
stepparent to the child's natural parent showing that the
marriage occurred before the child's 18th birthday. If you
or the child's natural parent were ever previously married
to other people, submit copies of documents showing that
any prior marriages were legally terminated. Evidence of
any legal name changes must also be submitted.
H. Adoptive parent of adopted child: If you and the person
you are filing for are related by adoption, you must submit
a certified copy of the adoption decree(s) showing that the
adoption took place before the child became 16 years of
age.
If you adopted the child's sibling, you must submit a copy
of the adoption decree(s) showing that the adoption of the
sibling occurred before that child's 18th birthday.
In either case, you must also submit copies of evidence that
each child was in the legal custody of and resided with the
parent(s) who adopted him or her for at least two years
before or after adoption. Legal custody may only be
granted by a court or recognized government entity and is
usually granted at the time the adoption is finalized.
However, if legal custody is granted by a court or
recognized government agency prior to the adoption, that
time may count to fulfill the two-year legal custody
requirement.

Form I-929 Instructions (Rev. 10/23/08) Page 2

What Documents Do You Need to Show
Extreme Hardship?
Extreme hardship is determined on a case-by-case basis. You
are encouraged to cite and document all applicable factors
you believe demonstrate that you or your alien relative will
suffer extreme hardship if he or she is not allowed to remain
in or to enter the United States. You must demonstrate that
refusal to allow the family member to remain or to enter the
United States would result in a degree of hardship beyond that
typically associated with such a removal or refusal. Factors to
be considered may be, but are not limited to, the following:
A. Age (both you or your alien relative's children).

B. School record: A letter from the authority (preferably the
first school attended) showing the date of admission to the
school, the child's date of birth, or age at that time, place of
birth, and names of the parents.
C. Census record: State or Federal census record showing the
names, place of birth, date of birth, or the age of the person
listed.

DRAFT

B. Language/cultural assimilation to the United States
verses the ability of your alien relative (or the relative's
children) ability to speak his or her native language.
C. Health condition of you or your alien relative.

A. Church record: A copy of a document bearing the seal of
the church, showing the baptism, dedication, or comparable
rite occurred within two months after birth, and showing the
date and place of the child's birth, date of the religious
ceremony, and the names of the child's parents.

D. Availability of necessary medical treatment for the
alien relative in the country of return.

E. Ability to obtain employment in the country of return.
F. Alien relative's length of residence in the United States.
G. Existence of other family members residing legally in
the United States.
H. Financial impact the departure would cause to you or
your alien relative.
I. Disruption of educational opportunities.
J. Psychological impact.
K. Current political and economic conditions in the country
of return.
L. Family ties to the other country.

D. Affidavits: Written statements sworn to or affirmed by
two persons who were living at the time and who have
personal knowledge of the event you are trying to prove.
For example, the date and place of birth, marriage, or
death.
The person making the affidavit does not have to be a
U. S. citizen. Each affidavit should contain the following
information regarding the person making the affidavit: his
or her full name, address, date, and place of birth,
relationship to you, full information concerning the event,
and complete details explaining how the person acquired
knowledge of the event.

Where Should You File This Form?
Mail your complete petition package to the following address:
USCIS
Vermont Service Center
75 Lower Welden Street
St. Albans, VT 05479-0001

M. Contributions to the community in the United States.
N. Availability of alien relative to adjust status through
other means.

What If a Document Is Not Available?
In such a situation, submit a statement from the appropriate
civil authority certifying that the document or documents are
not available. You must also submit secondary evidence,
including:

What Is the Filing Fee?

The filing fee for Form I-929 is $215.
Use the following guidelines when you prepare your check or
money order for filing the fee:
1. The check or money order must be drawn on a bank or
other financial institution located in the United States and
must be payable in U.S. currency; and

Form I-929 Instructions (Rev. 10/23/08) Page 3

2. Make the check or money order payable to U.S.
Department of Homeland Security, unless:
A. If you live in Guam, make it payable to Treasurer,
Guam.
B. If you live in the U.S. Virgin Islands, make it payable
to Commissioner of Finance of the Virgin Islands.
NOTE: Please spell out U.S. Department of Homeland
Security; do not use the initials "USDHS" or "DHS."
Notice to Those Making Payment by Check. If you send us
a check, it will be converted into an electronic funds transfer
(EFT). This means we will copy your check and use the
account information on it to electronically debit your account
for the amount of the check. The debit from your account will
usually take 24 hours, and will be shown on your regular
account statement.

As an alternative to waiting in line for assistance at your local
USCIS office, you can now schedule an appointment through
our Internet-based system, InfoPass. To access the system,
visit our website. Use the InfoPass appointment scheduler and
follow the screen prompts to set up your appointment.
InfoPass generates an electronic appointment notice that
appears on the screen.

Penalties
If you knowingly and willfully falsify or conceal a material
fact or submit a false document with your Form I-929, we will
deny your Form I-929 and may deny any other immigration
benefit.

DRAFT

You will not receive your original check back. We will
destroy your original check, but we will keep a copy of it. If
the EFT cannot be processed for technical reasons, you
authorize us to process the copy in place of your original
check. If the EFT cannot be completed because of insufficient
funds, we may try to make the transfer up to two times.
How to Check If the Fees Are Correct.
The fee for Form I-929 is current as of the edition date
appearing in the lower right corner of this page. However,
because USCIS fees change periodically, you can verify if the
fees are correct by following one of the steps below:

In addition, you will face severe penalties provided by law and
may be subject to criminal prosecution.

Privacy Act Notice
We ask for the information on this form, and associated
evidence, to determine if you have established eligibility for
the immigration benefit that you are filing. Our legal right to
ask for this information can be found in the Immigration and
Nationality Act, as amended. We may provide this
information to other government agencies. Failure to provide
this information, and any requested evidence, may delay a
final decision or result in denial of your Form I-929.

1. Visit our website at www.uscis.gov, select
"Immigration Forms" and check the appropriate fee;
2. Review the Fee Schedule included in your form
package, if you called us to request the form; or
3. Telephone our National Customer Service Center at
1-800-375-5283 and ask for the fee information.

USCIS Forms and Information
To order USCIS forms, call our toll-free number at
1-800-870-3676. You can also get USCIS forms and
information on immigration laws, regulations, and procedures
by telephoning our National Customer Service Center at
1-800-375-5283 or visiting our Internet website at
www.uscis.gov.

Form I-929 Instructions (Rev. 10/23/08) Page 4

Paperwork Reduction Act
An agency may not conduct or sponsor an information
collection and a person is not required to respond to a
collection of information unless it displays a currently valid
OMB control number. The public reporting burden for this
collection of information is estimated at 1 hour per response,
including the time for reviewing instructions, and completing
and submitting the form. Send comments regarding this
burden estimate or any other aspect of this collection of
information, including suggestions for reducing this burden
to: U.S. Citizenship and Immigration Services, Regulatory
Management Division, 111 Massachusetts Avenue, N.W. 3rd
Floor, Suite 3008, Washington, DC 20529. OMB No. 1615XXXX. Do not mail your application to this address.

DRAFT

Checklist

Did you answer each question on the Form I-929
according to the instructions on the form?
Did you sign and date Form I-929?
Did you submit proof of your lawful permanent
resident status or pending Form I-485 based on U-1
nonimmigrant status?
Did you submit proof of relationship, including
documents needing copies and/or translations?
Did you submit proof of extreme hardship?
Did you submit the beneficiary's photo?
Did you provide the beneficiary's address where
he or she is residing now?

Form I-929 Instructions (Rev. 10/23/08) Page 5

I-929, Petition for Qualifying Family
Member of a U-1 Nonimmigrant

Department of Homeland Security
U.S. Citizenship and Immigration Services

DO NOT WRITE IN THIS BLOCK-- FOR USCIS USE ONLY
Bene. A-file
reviewed

Yes Action Block

U-1 A-file
reviewed

Yes

Bar Code (USCIS Use only)

No

No

Bene. filed I-485
Yes

Remarks

No

U-1 adjusted
No

Yes

U-1 I-485 pending
No
Yes

DRAFT

START HERE -- TYPE OR PRINT LEGIBLY USING BLACK INK
I am filing for my: (Check one)
Child:

Spouse

Biological Child

Parent:

Stepchild

Stepparent

Adopted Child

Parent who adopted me

Part 1. Information About You

Part 2. Information About Your Alien Relative

Last Name (Family Name)

Last Name (Family Name)

First Name (Given Name)

First Name (Given Name)

Middle Name

Middle Name

Current Address

Current Address
Apt. Number

Street Address

City

State

Date of Birth

State

A-Number

Street Address

Zip Code

Safe Mailing Address if Other Than Above
Apt. Number
Street Address
City

Biological Parent

Apt. Number

City

State/Province

Country

Postal/Zip Code

Mailing Address if Other Than Above

Zip Code

Date of Birth

A-Number

Form I-929 (Rev. 10/23/08)

Part 1. Information About You (Con't)
Social Security
Number

Country of Birth

Part 2. Information About Your Alien Relative (Con't)

Country of Citizenship/Nationality

Country of Citizenship/Nationality

Gender: (Check one)

Male

Female

Gender: (Check one)

Male

First Name (Given Name)

Last Name (Family Name)

First Name (Given Name)

DRAFT

Middle Name

Middle Name

Last Name (Family Name)

First Name (Given Name)

Last Name (Family Name)

First Name (Given Name)

Middle Name

Middle Name

Last Name (Family Name)

First Name (Given Name)

Last Name (Family Name)

First Name (Given Name)

Middle Name

Middle Name

Marital Status: (Check one)

Marital Status: (Check one)
Single (Never Married)

Married

Single (Never Married)

Married

Divorced

Widowed

Divorced

Widowed

Spouse's Name:

Spouse's Name:
First Name

Last Name
Middle Name

Female

If your relative ever used other names, provide them below:

If you ever used other names, provide them below:

Last Name (Family Name)

Social Security
Number

Country of Birth

Date of Marriage
Place of Marriage

First Name

Last Name
Middle Name

Date of Marriage

Place of Marriage

Form I-929 (Rev. 10/23/08) Page 2

Part 1. Information About You (Con't)

Part 2. Information About Your Alien Relative (Con't)

Number of marriages including current marriage:

Number of marriages including current marriage:

List most previous marriage first. If you need more space, attach
an additional sheet of paper.

List most previous marriage first. If you need more space,
attach an additional sheet of paper.
Prior Spouse's Name:

Prior Spouse's Name:

Middle Name

Middle Name

DRAFT

Date of Marriage

Place of Marriage

Date of Termination

Place of Termination

Reason for Termination:
Divorce

Death

Date of Marriage

Place of Marriage

Date of Termination

Place of Termination

Reason for Termination:
Annulment

Other

Divorce

Death

Annulment

Other

Prior Spouse's Name:

Prior Spouse's Name:
First Name

Last Name

Middle Name

Date of Marriage

Place of Marriage

Date of Termination

Place of Termination

Reason for Termination:
Divorce

First Name

Last Name

Middle Name

Other

First Name

Last Name

First Name

Last Name

Death

Annulment

Date of Marriage

Place of Marriage

Date of Termination

Place of Termination

Reason for Termination:
Divorce

Death

Annulment

Other

Form I-929 (Rev. 10/23/08) Page 3

Part 2. Information About Your Alien Relative (Con't)

Part 1. Information About You (Con't)

Prior Spouse's Name:

Prior Spouse's Name:

Middle Name

Middle Name

Date of Marriage

Place of Marriage

Date of Termination

Date of Marriage

Place of Termination

Place of Marriage

Date of Termination

DRAFT

Reason for Termination:
Divorce

First Name

Last Name

First Name

Last Name

Place of Termination

Reason for Termination:

Annulment

Death

Divorce

Other

Annulment

Death

Other

Complete if your relative is in the United States

(Check One):

Date of Admission

I am a Lawful Permanent Resident

Place of Admission

I obtained my Lawful Permanent Residence on:
My Form I-485 is currently pending

Date Authorized to Stay

Class of Admission

Receipt Number

Part 3. Information About Your Alien Relative's Children
Last Name

Place of Birth

Date of Birth

Middle Name

First Name

Biological Child
Gender: (Check one)

Street Address
Country

Stepchild
Male

Adopted Child
Female

Apt. Number

City

State/Province

Postal/Zip Code

A-Number

Country of Birth

Form I-929 (Rev. 10/23/08) Page 4

Part 3 Information About Your Alien Relative Children (Cont'd)
Name of Mother

First Name

Middle Name

Last Name

First Name

Middle Name

Last Name

First Name

Middle Name

Last Name

Name of Father

DRAFT

Place of Birth

Date of Birth

Biological Child

Gender: (Check one)

Street Address
Country

Stepchild
Male

State/Province
Country of Birth

A-Number

Postal/Zip Code

Name of Mother:

Female

City

Apt. Number

Adopted Child

First Name

Middle Name

Last Name

First Name

Middle Name

Last Name

First Name

Middle Name

Last Name

Name of Father:

Place of Birth

Date of Birth

Biological Child
Gender: (Check one)

Street Address
Country

Name of Mother:

Last Name

Name of Father:

Last Name

City

Apt. Number
Postal/Zip Code

A-Number

Stepchild
Male

Adopted Child
Female

State/Province
Country of Birth

First Name

Middle Name

First Name

Middle Name

Form I-929 (Rev. 10/23/08) Page 5

Last Name

Place of Birth

Date of Birth

Middle Name

First Name

Biological Child
Gender: (Check one)

Street Address
Country

Name of Mother:

Last Name

Name of Father:

Last Name

Postal/Zip Code

A-Number

Name of Mother:

Last Name

Name of Father:

Last Name

Country of Birth

Middle Name

First Name

Middle Name

First Name

Middle Name

Biological Child
Gender: (Check one)

Country

State/Province

First Name

Place of Birth

Street Address

Female

DRAFT

Last Name

Date of Birth

Male

City

Apt. Number

Adopted Child

Stepchild

City

Apt. Number

Postal/Zip Code

A-Number

Adopted Child

Stepchild
Male

Female
State/Province

Country of Birth

First Name

Middle Name

First Name

Middle Name

Name and address of your alien relative in the language written in the country where he/she currently resides.
Last Name (Family Name)

Address C/O

City/State or Province

First Name

Street Address

Country

Middle Name

Apt. Number

Postal/Zip Code

Form I-929 (Rev. 10/23/08) Page 6

Part 4. Processing Information
1. Check one:

a.

The person named in Part 2 is now in the United States

b.

The person named in Part 2 is now outside the United States, (Please indicate below at
which U.S. Embassy or consulate your relative will apply for a visa).
U.S. Embassy or consulate at
City and Country

2. Is the person named in Part 2 or has this person ever been in deportation or removal proceedings in the United States?
a.

No

b.

Yes (Indicate when and where)

Part 5. Signature

DRAFT

I certify, or if outside the United States, I swear or affirm, under penalty of perjury under the laws of the United States of America, that this
petition and the evidence submitted with it, is all true and correct. I authorize the release of any information from my record which U.S.
Citizenship and Immigration Services needs to determine eligibility for the benefit I am seeking.

Date

Print Name

Signature

Part 5. Preparer's Information, if Other Than Person Signing Above
I declare that I prepared this petition at the request of the above person, and it is based on all the information that I have knowledge.
Signature

Firm Name

City/State or Province

Print Name

Date

Street Number and Name

Suite Number

Postal/Zip Code

Telephone Number

Form I-929 (Rev. 10/23/08) Page 7