Petition for Qualifying Family Member of a U-1 Nonimmigrant

OMB No. 1615-0106; Expires 09/30/09

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 of paper. Write your name and Alien Registration Number (A-Number), if any, at the top of each sheet 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 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 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);

What Are the General Filing Instructions?
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.
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. 10/30/08)

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.
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.

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.
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. 10/30/08) 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. 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.

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.

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.
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.
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. 10/30/08) 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.
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:

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.
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. 10/30/08) 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 20529-2210. OMB No.
1615-0106. Do not mail your application to this address.

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. 10/30/08) Page 5