TABLE OF CHANGES –INSTRUCTIONS
Form I-918, Petition for U Nonimmigrant Status, and Supplement A, Petition for Qualifying Family Member of U-1 Recipient
OMB Number: 1615-0104
1/17/2017
Reason for Revision: Reformatted and added standard language. |
Current Page Number and Section |
Current Text |
Proposed Text |
Page 1, Instructions |
Please read these instructions carefully to properly complete this form. 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 of paper and indicate the part and number of the item to which the answer refers.
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Page 1, What Is the Purpose of This Form? |
[Page 1]
What Is the Purpose of This Form?
You should use Form I-918 to request temporary immigration benefits if you are a victim of certain qualifying criminal activity. If you received interim relief prior to publication of regulations regarding these benefits, you should use Form I-918.
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[Page 1]
What Is the Purpose of Form I-918 and Supplement A?
You should use Form I-918, Petition for U Nonimmigrant Status, to request temporary immigration benefits if you are a victim of certain qualifying criminal activity. You should also use Form I-918 if you received interim relief prior to publication of regulations regarding these benefits.
You should use Supplement A, Petition for Qualifying Family Member of U-1 Recipient, if you want to include your qualifying family members in your request for temporary immigration benefits.
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Page 1-2, Who May File This Form I-918? |
[Page 1]
Who May File This Form I-918?
Form I-918 should be filed by you, the victim, and may include qualifying family members. It can also be used at a later date to file for qualifying family members not included on the original petition.
1. Principal Petitioner. You must demonstrate all of the following:
A. You are a victim of criminal activity designated in section 101(a)(15)(U) of the Immigration and Nationality Act (the Act). Such activity is defined as being the victim of one or more of the following or any similar activity in violation of Federal, State or local criminal law:
16. Abduction; 7. Abusive sexual contact; 27. Attempt, conspiracy or solicitation to commit any of the above
11. Being held hostage;
19. Blackmail;
5. Domestic violence; 20. Extortion; 18. False imprisonment; 23. Felonious assault; 10. Female genital mutilation;
4. Incest; 13. Involuntary servitude; 15. Kidnapping; 21. Manslaughter; 22. Murder; 25. Obstruction of justice; 12. Peonage; 26. Perjury; or 8. Prostitution; 1. Rape;
6. Sexual assault; 9. Sexual exploitation; 14. Slave trade;
2. Torture; 3. Trafficking; 17. Unlawful criminal restraint; 24. Witness tampering;
B. You have suffered substantial physical or mental abuse as a result of having been a victim of qualifying criminal activity;
C. You possess information concerning the qualifying criminal activity of which you were a victim;
D. A Federal, State or local government official investigating or prosecuting a qualifying criminal activity certifies (using Supplement B of this petition) that you have been, you are being or you are likely to be helpful to the official in the investigation or prosecution of the criminal act of which you are a victim; and
E. The criminal activity of which you are a victim violated the laws of the United States or occurred in the United States (including Indian country and military installations) or the territories and possessions of the United States.
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2. Principal Petitioner filing for a qualifying family member, or currently holding U-1 status and filing for a qualifying family member. You must also demonstrate that:
A. If you are under the age of 21 years, qualifying family members for whom you are filing are your:
1. Spouse; 2. Unmarried child(ren) under the age of 21; 3. Parent(s); 4. Unmarried siblings under the age of 18.
B. If you are over the age of 21 years, qualifying family members for whom you are filing are your:
1. Spouse; 2. Unmarried child(ren) under the age of 21.
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[Page 1]
Who May File Form I-918 and Supplement A?
You, the victim, should file Form I-918. You may include your qualifying family members by filing Supplement A with your original Form I-918. You can also file Supplement A at a later date for any qualifying family members not included with your original Form I-918.
1. Principal Petitioner. You must demonstrate all of the following:
A. You are a victim of criminal activity designated in section 101(a)(15)(U)(iii) of the Immigration and Nationality Act (INA). Such activity is defined as being the victim of one or more of the following or any similar activity in violation of Federal, state, or local criminal law:
(1) Abduction (2) Abusive Sexual Contact (3) Attempt to Commit Any of the Named Crimes
(4) Being Held Hostage
(5) Blackmail
(6) Conspiracy to Commit Any of the Named Crimes
(7) Domestic Violence (8) Extortion (9) False Imprisonment (10) Felonious Assault (11) Female Genital Mutilation (12) Fraud in Foreign Labor Contracting
(13) Incest (14) Involuntary Servitude (15) Kidnapping (16) Manslaughter (17) Murder (18) Obstruction of Justice (19) Peonage (20) Perjury (21) Prostitution (22) Rape
(23) Sexual Assault (24) Sexual Exploitation (25) Slave Trade (26) Solicitation to Commit Any of the Named Crimes (27) Stalking (28) Torture (29) Trafficking (30) Unlawful Criminal Restraint (31) Witness Tampering
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[No change]
D. A Federal, state, or local government official investigating or prosecuting a qualifying criminal activity certifies (using Supplement B, U Nonimmigrant Status Certification) that you were, are, or are likely to be helpful to the official in the investigation or prosecution of the criminal act of which you are a victim; and
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(1) United States means the continental United States, Alaska, Hawaii, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands.
(2) Indian country refers to all land within the limits of any Indian reservation under the jurisdiction of the United States Government, notwithstanding the issuance of any patent, and including rights-of-way running through the reservation; all dependent Indian communities within the borders of the United States, whether within the original or subsequently acquired territory thereof, and whether within or without the limits of a state; and all Indian allotments, the Indian titles to which have not been extinguished, including rights-of-way running through such allotments.
(3) Military installation means any facility, base, camp, post, encampment, station, yard, center, port, aircraft, vehicle, or vessel under the jurisdiction of the Department of Defense, including any leased facility, or any other location under military control.
(4) Territories and possessions of the United States means American Samoa, Swains Island, Bajo Nuevo (the Petrel Islands), Baker Island, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Atoll, Navassa Island, CNMI, Palmyra Atoll, Serranilla Bank, and Wake Atoll.
2. Principal Petitioner filing for a qualifying family member, or currently holding U-1 status and filing for a qualifying family member. You must also demonstrate that:
A. If you are under 21 years of age on the date your petition is received by USCIS, the qualifying family members for whom you are filing are your:
(1) Spouse; (2) Unmarried children under 21 years of age; (3) Parents; and/or (4) Unmarried siblings under 18 years of age.
B. If you are over 21 years of age on the date your petition is received by USCIS, the qualifying family members for whom you are filing are your:
(1) Spouse; and/or (2) Unmarried children under 21 years of age.
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Page 8, General Instructions.
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Page 2, General Instructions. |
[Page 8]
Copies. Unless specifically required that an original document be filed with a petition, a legible photocopy may be submitted. Original documents submitted when not required may remain a part of the record, even if the submission was not required.
Translations. Any document containing 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.
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Step 1. Fill Out the Form I-918, I-918, Supplement A and I-918, Supplement B
1. Type or print legibly in black ink.
2. If extra space is needed to complete any item, attach a continuation sheet, indicate the item number, and date and sign each sheet.
3. Answer all questions fully and accurately. State that an item is not applicable with "N/A." If the answer is none, write "none."
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[Page 2]
General Instructions
U.S. Citizenship and Immigration Services (USCIS) provides forms free of charge through the USCIS Web site. In order to view, print, or fill out our forms, you should use the latest version of Adobe Reader, which you can download for free at http://get.adobe.com/reader/. If you do not have Internet access, you may call the USCIS National Customer Service Center at 1-800-375-5283 and ask that we mail a form to you. For TTY (deaf or hard of hearing) call: 1-800-767-1833.
Signature. Each petition must be properly signed in black or blue ink and filed. For all signatures on this petition, USCIS will not accept a stamped or typewritten name in place of a signature. If you are under 14 years of age, your parent or legal guardian may sign the petition on your behalf. A legal guardian may also sign for a mentally incompetent person.
Filing Fee. There is no filing fee for Form I-918 or Supplement A.
Evidence. At the time of filing, you must submit all evidence and supporting documentation listed in the Specific Instructions and General Requirements sections of these Instructions.
Biometric Services Appointment. USCIS may require that you appear for an interview or provide fingerprints, photograph, and/or signature at any time to verify your identity, obtain additional information, and conduct background and security checks, including a check of criminal history records maintained by the Federal Bureau of Investigation (FBI), before making a decision on your application, petition, or request. After USCIS receives your petition and ensures it is complete, we will inform you in writing if you need to attend a biometric services appointment. If an appointment is necessary, the notice will provide you the location of your local or designated USCIS Application Support Center (ASC) and the date and time of your appointment or, if you are currently overseas, instruct you to contact a U.S. Embassy, U.S. Consulate, or USCIS office outside the United States to set up an appointment.
If you are required to provide biometrics, at your appointment you must sign an oath reaffirming that:
1. You provided or authorized all information in the petition;
2. You reviewed and understood all of the information contained in, and submitted with, your petition; and
3. All of this information was complete, true, and correct at the time of filing.
Copies. You may submit legible photocopies of documents requested, unless the Instructions specifically state that you must submit an original document. USCIS may request an original document at the time of filing or at any time during processing of an application, petition, or request. If you submit original documents when not required, the documents may remain a part of the record, and USCIS will not automatically return them to you.
Translations. If you submit a document with information in a foreign language, you must also submit a full English translation. The translator must sign a certification that the English language translation is complete and accurate, and that he or she is competent to translate from the foreign language into English. The certification must include the translator’s signature, should contain the translator’s printed name and the date, and it may also contain the translator’s contact information.
How To Fill Out Form I-918 and Supplement A
1. Type or print legibly in black or blue ink.
2. If you need extra space to complete any item within Form I-918, use the space provided in Part 8. Additional Information or attach a separate sheet of paper; type or print your name and Alien Registration Number (A-Number) (if any) at the top of each sheet; indicate the Page Number, Part Number, and Item Number to which your answer refers; and sign and date each sheet.
3. If you need extra space to complete any item within Supplement A, use the space provided in Part 11. Additional Information or attach a separate sheet of paper; type or print your name (Principal’s) and A-Number (if any) or the A-Number of the Qualifying Family Member at the top of each sheet; indicate the Page Number, Part Number, and Item Number to which your answer refers; and sign and date each sheet.
4. Answer all questions fully and accurately. If a question does not apply to you (for example, if you have never been married and the question asks “Provide the name of your current spouse”), type or print “N/A,” unless otherwise directed. If your answer to a question which requires a numeric response is zero or none (for example, “How many children do you have” or “How many times have you departed the United States”), type or print “None,” unless otherwise directed.
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Page 2-3, General Instructions. |
[Page 2]
Completing Form I-918.
This form is divided into Parts 1 through 7. The following information should help you fill out the form.
You, as the principal petitioner, must file a Form I-918 for yourself. You must also file a Form 918, Supplement B, U Nonimmigrant Status Certification, that has been completed and signed by a certifying official. The Form I-918, Supplement B, must be submitted with the original Form I-918 petition package. If it is not attached, your Form I-918 may be denied.
Part 1 - Information about you. (Person filing this petition as a victim of qualifying criminal activity.)
A. Family Name (Last name) - Give your legal name. If you have two last names, include both and use a hyphen (-) between the names, if appropriate.
B. Given Name (First name) - Give your full first name, do not use "nicknames." (Example: If your name is Albert, do not use Al.)
C. Other Names Used - Provide all the names you have used, including maiden name if applicable, married names, nicknames, etc.
D. Home Address - Give your physical street address. This must include a street number and name or a rural route number. Do not put a post office box (P.O. Box) number here.
E. Safe Mailing Address - Give your mailing address, if different from your home address. If you do not feel secure in receiving correspondence regarding this petition at your home address, provide a "safe mailing address" in this space. This address may be a post office box, the address of a friend, your attorney, a community based organization that is helping you, or any other address where you can safely and punctually receive mail.
F. Home Telephone Number - Give the phone number with area code. If you live outside the United States, give the country and city code.
G. Safe Daytime Telephone Number - If you do not feel secure in receiving telephone calls regarding this petition at your home telephone number, provide a "safe telephone number" in this space. This number may be for a friend, your attorney, a community-based organization that is helping you, or any other number where you can safely and punctually receive a call or a message.
H. E-Mail Address - This is optional. If you do not have an email address or feel that your email address is not secure, write "None."
I. A-Number - This is your USCIS (former INS) file number. If you do not have an A-Number or do not know it, leave this blank.
J. U.S. Social Security Number - If you do not have a Social Security number, leave this blank.
K. Gender and Marital Status - Check the appropriate box for each.
L. Date of Birth - Use eight numbers to show your date of birth (example: May 1, 1979, should be written 05/01/1979).
M. Country of Birth - Give the name of the country where you were born. Include the city, state or province, and country.
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N. Country of Citizenship - Give the name of the country where you are a citizen. This is not necessarily the country where you were born.
T. Form I-94, Arrival/Departure Document, Number - If you are physically present in the United States, give the number on Form I-94 issued at the time of entry.
O. Passport Number - Give the number of the passport used to enter the United States, if applicable.
P. Place of Issuance - Give the location where your passport was issued.
Q. Date of Issue - Give the date when your passport was issued.
U. Current Immigration Status - Give your current status, regardless of how you entered the United States (visitor, student, entry without inspection, etc.)
Part 2 - Additional Information. You must answer each question. If you answer "Yes" to any of the questions, explain on a separate sheet(s) of paper.
R. Place of Last Entry Into the U.S. - Give the place where you last entered the United States, regardless of whether that entry was legal or illegal.
S. Date of Last Entry Into the U.S. - Give the date you last entered the United States, regardless of whether that entry was legal or illegal.
Part 3 - Processing Information. You must answer each question. If you answer "Yes" to any of the questions, explain on a separate sheet(s) of paper.
Part 4 - Information about spouse and/or children.
Even if you are not petitioning to bring your family member to the United States, you must provide the requested information about your spouse and children, if any.
Part 5 - Filing on behalf of family members. Complete this question to indicate whether you are petitioning for one or more qualifying family members at this time. See Section B below for information on completing a petition on behalf of your qualifying family member.
Part 6 - Attestation, release and signature. You, the petitioner, must sign and date the form. If you do not sign the form, the petition will be returned as incomplete.
Part 7 - Signature of person preparing form, if other than petitioner. If you, the petitioner, did not fill out the Form I-918, the preparer must also sign, date and give his or her address.
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[Page 4]
Specific Instructions for Form I-918
This petition is divided into Parts 1. - 8. The following information should help you fill out the petition.
You, as the principal petitioner, must file Form I-918 for yourself. You must also file Form I-918, Supplement B that was completed and signed by a certifying official. (See the Supplement B Instructions for more information on how to file Supplement B.) You must submit Supplement B with the original Form I-918 petition package. If it is not attached, USCIS will deny your Form I-918.
Part 1. Information About You (Person filing this petition as a victim)
Item Numbers 1.a. - 1.c. Provide your full legal name. Do not provide a nickname.
Item Numbers 2.a. - 2.c. Other Names Used. Provide all the names you have used, including your maiden name, nicknames, and aliases, if applicable.
Item Numbers 3.a. - 3.h. Home Address. Provide your physical street address. You must include a street number and name or a rural route number. Do not provide a post office box (P.O. Box) number here.
Item Numbers 4.a. - 4.i. Safe Mailing Address (if other than Home Address). Provide a “safe mailing address” if you do not feel secure in receiving correspondence regarding this petition at your home address. You may provide a PO Box or the address of a friend, attorney, a community-based organization that is helping you, or any other address where you can safely and punctually receive mail.
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Item Number 5. Alien Registration Number (A-Number) (if any). This is your USCIS file number. If you do not have an A-Number or do not know it, leave this space blank.
Item Number 6. U.S. Social Security Number. Provide your U.S. Social Security Number. If you do not have a U.S. Social Security Number or do not know it, leave this space blank.
Item Number 7. USCIS Online Account Number (if any). If you have previously filed an application, petition, or request using the USCIS online filing system (previously called USCIS Electronic Immigration System (USCIS ELIS)), provide the USCIS Online Account Number you were issued by the system. You can find your USCIS Online Account Number by logging in to your account at www.uscis.gov/file-online and going to the profile page. If you previously filed certain applications, petitions, or requests on a paper form via a USCIS Lockbox facility, you may have received a USCIS Online Account Access Notice issuing you a USCIS Online Account Number. If you received such a notice, your USCIS Online Account Number can be found at the top of the notice. If you were issued a USCIS Online Account Number, enter it in the space provided. The USCIS Online Account Number is not the same as an A-Number.
Item Number 8. Marital Status. Select the appropriate box.
Item Number 9. Gender. Select the appropriate box.
Item Number 10. Date of Birth (mm/dd/yyyy). Provide your date of birth. (For example, type or print May 1, 1979 as 05/01/1979.)
Item Number 11. Country of Birth. Provide the name of the country where you were born.
Item Number 12. Country of Citizenship or Nationality. Provide the name of the country where you are a citizen or national. This is not necessarily the country where you were born.
Item Numbers 13. - 18. Form I-94 Arrival-Departure Record. If U.S. Customs and Border Protection (CBP) or USCIS issued you a Form I-94, Arrival-Departure Record, provide your Form I-94 number and date that your authorized period of stay expires or expired (as shown on Form I-94). The Form I-94 number is also known as the Departure Number on some versions of Form I-94.
NOTE: If you were admitted to the United States by CBP at an airport or seaport after April 30, 2013, you may have been issued an electronic Form I-94 by CBP, instead of a paper Form I-94. You may visit the CBP Web site at www.cbp.gov/i94 to obtain a paper version of an electronic Form I-94. CBP does not charge a fee for this service. Some travelers admitted to the United States at a land border, airport, or seaport after, April 30, 2013 with a passport or travel document, who were issued a paper Form I-94 by CBP, may also be able to obtain a replacement Form I-94 from the CBP Web site, it may be obtained by filing Form I-102, Application for Replacement/Initial Nonimmigrant Arrival-Departure Record, with USCIS. USCIS does charge a fee for this service.
Passport and Travel Document Numbers. If you used a passport or travel document to travel to the United States, provide either the passport or travel document information in the appropriate space on the petition, even if the passport or travel document is currently expired.
Item Numbers 19.a. - 21. Place and Date of Last Entry into the United States and Date Authorized Stay Expired. Provide the place and date (mm/dd/yyyy) where you last entered the United States, how you entered the United States, and the date your authorized stay expired.
Item Number 22. Current Immigration Status. Provide your current immigration status, regardless of how you entered the United States (as a visitor, student, etc.).
Part 2. Additional Information About You
Item Numbers 1. – 7.a. You must answer each question. If you answer “Yes” to any of the questions, you must provide an explanation in the space provided in Part 8. Additional Information.
Item Numbers 7.b. – 7.f. If you answer “Yes” to Item Number 7.a., select the type of proceedings. If you were in proceedings in the past and are no longer in proceedings, provide the date of action. If you are currently in proceedings, type or print “Current” in the appropriate date field. Select all applicable boxes. Use the space provided in Part 8. Additional Information to provide an explanation.
Item Numbers 8.a. - 10.d. Provide the date of entry, place of entry, and status under which you entered the United States for each entry during the five years preceding the filing of this petition. If your last entry occurred more than five years ago, write “N/A” or “none.”
Item Numbers 11.a. - 12.f. If you are outside the United States, provide the U.S. Consulate or inspection facility or a safe foreign mailing address you want notified if this petition is approved.
Part 3. Processing Information
Item Numbers 1.a. - 29.c. You must answer each question. If you answer “Yes” to any of the questions, you must provide an explanation in the space provided in Part 8. Additional Information.
Part 4. Information About Your Spouse and/or Children
Item Numbers 1.a. - 25. Provide the requested information about your family members included in this petition.
Item Number 26. Answer this question to indicate whether you are petitioning for one or more qualifying family members at this time. If you answer “Yes,” see information below on completing Supplement A on behalf of your qualifying family members.
Part 5. Petitioner’s Statement, Contact Information, Declaration, and Signature
Item Numbers 1.a. - 7.b. Select the appropriate box to indicate whether you read this petition yourself or whether you had an interpreter assist you. If someone assisted you in completing the petition, select the box indicating that you used a preparer. Further, you must sign and date your petition and provide your daytime telephone number, mobile telephone number (if any), and email address (if any). If you do not feel secure in receiving telephone calls regarding this petition at your home telephone number, provide a "safe telephone number" in this space. This number may be for a friend, your attorney, a community-based organization that is helping you, or any other number where you can safely and punctually receive a call or a message. Every petition MUST contain the signature of the petitioner (or parent or legal guardian, if applicable). A stamped or typewritten name in place of a signature is not acceptable.
Part 6. Interpreter’s Contact Information, Certification, and Signature
Item Numbers 1.a. - 7.b. If you used anyone as an interpreter to read the Instructions and questions on this petition to you in a language in which you are fluent, the interpreter must fill out this section, provide his or her name, the name and address of his or her business or organization (if any), his or her daytime telephone number, his or her mobile telephone number (if any), and his or her email address (if any). The interpreter must sign and date the petition.
Part 7. Contact Information, Declaration, and Signature of the Person Preparing this Petition, if Other Than the Petitioner
Item Numbers 1.a. - 8.b. This section must contain the signature of the person who completed your petition, if other than you, the petitioner. If the same individual acted as your interpreter and your preparer, that person should complete both Part 6. and Part 7. If the person who completed this petition is associated with a business or organization, that person should complete the business or organization name and address information. Anyone who helped you complete this petition MUST sign and date the petition. A stamped or typewritten name in place of a signature is not acceptable. If the person who helped you prepare your petition is an attorney or accredited representative whose representation extends beyond preparation of this petition, he or she may be obliged to also submit a completed Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, along with your petition.
Part 8. Additional Information
Item Number 1.a. – 7.d. If you need extra space to provide any additional information within this petition, use the space provided in Part 8. Additional Information. If you need more space than what is provided in Part 8., you may make copies of Part 8. to complete and file with your petition or attach a separate sheet of paper. Include your name and A-Number (if any) at the top of each sheet; indicate the Page Number, Part Number, and Item Number to which your answer refers; and sign and date each sheet.
We recommend that you print or save a copy of your completed petition to review in the future and for your records. We recommend that you review your copy of your completed petition before you come to your biometric services appointment at a USCIS ASC. At your appointment, USCIS will permit you to complete the petition process only if you are able to confirm, under penalty of perjury, that all of the information in your petition is complete, true, and correct. If you are not able to make that attestation in good faith at that time, USCIS will require you to return for another appointment.
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Page 3-4, General Instructions. |
[Page 3]
Completing Form I-918, Supplement A Petition for Qualifying Family Member of U-1 Recipient.
If you are filing for a qualifying family member, you must complete a Form I-918, Supplement A, Petition for Qualifying Family Member of U-1 Recipient. Form I-918, Supplement A, must be submitted for each family member for whom you are filing.
A Form I-918, Supplement A, may be filed concurrently with the principal petitioner's initial Form I-918 or at any time thereafter. However, any Form I-918, Supplement A, submitted subsequently must have the appropriate boxes checked in Part 1, and must be accompanied by a copy of the principal petitioner's Form I-918. Evidence submitted with the original petition, however, need not be resubmitted.
Part 1 - Family member(s) relationship to you (the principal). Check the appropriate box.
Part 2 - Information about you.
A. Family Name (Last name) - Give your legal name. If you have two last names, include both and use a hyphen (-) between the names, if appropriate.
B. Given Name (First name) - Give your full first name, do not use "nicknames." (Example: If your name is Albert, do not use Al.)
C. Date of Birth - Use eight numbers to show your date of birth (example: May 1, 1979, should be written 05/01/1979).
D. A-Number - This is your USCIS (former INS) file number.
E. Status of your Form I-918, Petition for U Nonimmigrant Status - Check the appropriate box.
Part 3 - Information about your qualifying family member (the derivative).
A. Family Name (Last name) - Give his or her legal name. If he or she has two last names, include both and use a hyphen (-) between the names, if appropriate.
B. Given Name (First name) - Give your full first name, do not use "nicknames." (Example: If your name is Albert, do not use Al.)
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C. Other Names Used - Provide all the names he or she has used, including maiden name, if applicable, married names, nicknames, etc.
G. Intended Address in the United States - Give his or her intended physical street address. This must include a street number and name or a rural route number. Do not put a post office box (P.O. Box) number here.
H. Safe Mailing Address - Give his or her mailing address, if different from his or her intended home address. If he or she does not feel secure in receiving correspondence regarding this petition at his or her home address, provide a "safe mailing address" in this space. This address may be a post office box, the address of a friend, your/his or her attorney, a community based organization, or any other address where he or she can safely and punctually receive mail.
I. A-Number - This is his or her USCIS (former INS) file number. If he or she does not have an A-Number or you do not know it leave this blank.
J. U.S. Social Security Number - If he or she does not have a U.S. Social Security number, leave this blank.
D. Date of Birth - Use eight numbers to show his or her date of birth (example: May 1, 1979, should be written 05/01/1979).
E. Country of Birth - Give the name of the country where he or she was born. Include the city, state or province, and country.
F. Country of Citizenship - Give the name of the country where he or she is a citizen. This is not necessarily the country where he or she was born.
N. Gender and Marital Status - Check the appropriate box for each.
K. Form I-94, Arrival/Departure Document Number - If physically present in the United States, give the number on I-94 issued at the time of entry.
L. Home Telephone Number - Give the telephone number with area code where he or she lives and can be reached during the day.
M. Safe Daytime Telephone Number - If he or she does not feel secure receiving telephone calls regarding this petition at his or her home, provide a “safe telephone number” in this space. This number may be for a friend, his or her attorney, a community-based organization, or any other number where he or she can safely and punctually receive a call or a message.
Part 4 - Additional information about your qualifying family member.
A. Numbers 1 through 7 - Give all the requested information.
B. Numbers 8 through 26 - A response must be given for each question.
Part 5 - Attestation, release and signature. You, the petitioner, must sign and date the form. If you do not sign the form, your petition will be returned as incomplete.
If the family member for whom you are filing is in the United States, he or she must sign and date the form. If her or she does not sign or date the form, the Form I-918, Supplement A, will be returned as incomplete.
Part 6 - Signature of person preparing form, if other than petitioner. If you, the petitioner, did not fill out the Form I-918, Supplement A, the preparer must also sign, date and give his or her address.
Completing Form I-918, Supplement B U Nonimmigrant Status Certification.
A Form I-918, Supplement B, U Nonimmigrant Status Certification, must be filed concurrently with your (the principal petitioner) initial Form I-918.
This certification is required; if you fail to submit a properly completed certification with your Form I-918, the petition may be denied. This supplement must be completed by the certifying official of the agency conducting an investigation or prosecution of the qualifying criminal activity of which you are a victim. It must have been signed within the 6 months immediately preceding the submission of the petition package and the signature on the Form I-918, Supplement B, must be original.
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Specific Instructions for Supplement A, Petition for Qualifying Family Member of U-1 Recipient
If you are filing for a qualifying family member, you must complete Supplement A for each family member for whom you are filing. You may file Supplement A with your initial Form I-918 or at any time thereafter. If you are filing Supplement A after filing your initial Form I-918, you do not need to resubmit evidence that you submitted with the original petition.
Part 1. Family Member’s Relationship To You (Principal)
Item Number 1. Select the appropriate box.
Part 2. Information About You (Principal)
Item Numbers 1.a. - 1.c. Provide your full legal name. Do not provide a nickname.
Item Number 2. Date of Birth (mm/dd/yyyy). Provide your date of birth. (For example, type or print May 1, 1979, as 05/01/1979.)
Item Number 3. Alien Registration Number (A-Number) (if any). This is your USCIS file number. If you do not have an A-Number or do not know it, leave this space blank.
Item Number 4. USCIS Online Account Number (if any). If you have previously filed an application, petition, or request using the USCIS online filing system (previously called USCIS Electronic Immigration System (USCIS ELIS)), provide the USCIS Online Account Number you were issued by the system. You can find your USCIS Online Account Number by logging in to your account and going to the profile page. If you previously filed certain applications, petitions, or requests on a paper form via a USCIS Lockbox facility, you may have received a USCIS Online Account Access Notice issuing you a USCIS Online Account Number. If you received such a notice, your USCIS Online Account Number can be found at the top of the notice. If you were issued a USCIS Online Account Number, enter it in the space provided. The USCIS Online Account Number is not the same as an A-Number.
Item Number 5. Status of Your Form I-918. Select the appropriate box.
Part 3. Information About Your Qualifying Family Member (Derivative)
Item Numbers 1.a. - 1.c. Provide his or her full legal name. Do not provide a nickname.
Item Numbers 2.a. - 2.c. Other Names Used. Provide all the names he or she has used, including his or her maiden name, nicknames, and aliases, if applicable. If you need extra space to complete this section, use the space provided in Part 11. Additional Information.
Item Numbers 3.a. - 3.e. Residence or Intended Residence in the United States. Provide his or her intended physical street address. This must include a street number and name or a rural route number. Do not provide a PO Box number here.
Item Numbers 4.a. - 4.i. Safe Mailing Address (if other than Residence). Provide his or her “safe mailing address” if he or she does not feel secure in receiving correspondence regarding this supplement at his or her home address. You may provide a PO Box or the address of his or her friend, attorney, a community-based organization, or any other address where he or she can safely and punctually receive mail.
Item Number 5. A-Number (if any). This is his or her USCIS file number. If he or she does not have an A-Number or does not know it, leave this space blank.
Item Number 6. U.S. Social Security Number. Provide his or her U.S. Social Security Number. If he or she does not have a U.S. Social Security number, leave this blank.
Item Number 7. USCIS Online Account Number (if any). If you have previously filed an application, petition, or request using the USCIS online filing system (previously called USCIS Electronic Immigration System (USCIS ELIS)), provide the USCIS Online Account Number you were issued by the system. You can find your USCIS Online Account Number by logging in to your account and going to the profile page. If you previously filed certain applications, petitions, or requests on a paper form via a USCIS Lockbox facility, you may have received a USCIS Online Account Access Notice issuing you a USCIS Online Account Number. If you received such a notice, your USCIS Online Account Number can be found at the top of the notice. If you were issued a USCIS Online Account Number, enter it in the space provided. The USCIS Online Account Number is not the same as an A-Number.
Item Number 8. Date of Birth (mm/dd/yyyy). Provide his or her date of birth. (For example, type or print May 1, 1979, as 05/01/1979.)
Item Number 9. Country of Birth. Provide the name of the country where he or she was born.
Item Number 10. Country of Citizenship or Nationality. Provide the name of the country where he or she is a citizen or national. This is not necessarily the country where he or she was born.
Item Number 11. Marital Status. Select the appropriate box.
Item Number 12. Gender. Select the appropriate box.
Item Number 13. Form I-94 Arrival-Departure Record. If your family member is physically present in the United States, provide the number on his or her Form I-94 issued at the time of entry. If CBP or USCIS issued your family member a Form I-94, Arrival-Departure Record, provide his or her Form I-94 number and date that your authorized period of stay expires or expired (as shown on Form I-94). The Form I-94 number is also known as the Departure Number on some versions of Form I-94.
NOTE: If your family member was admitted to the United States by CBP at an airport or seaport after April 30, 2013, they may have been issued an electronic Form I-94 by CBP, instead of a paper Form I-94. You may visit the CBP Web site at www.cbp.gov/i94 to obtain a paper version of an electronic Form I-94. CBP does not charge a fee for this service. Some travelers admitted to the United States at a land border, airport, or seaport, after April 30, 2013, with a passport or travel document, who were issued a paper Form I-94 by CBP, may also be able to obtain a replacement Form I-94 from the CBP Web site without charge. If your family member’s Form I-94 cannot be obtained from the CBP Web site, it may be obtained by filing Form I-102 with USCIS. USCIS does charge a fee for this service.
Item Numbers 14. – 18. Passport and Travel Document Numbers. If your family member used a passport or travel document to travel to the United States, enter either the passport or travel document information in the appropriate space on the supplement, even if the passport or travel document is currently expired.
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Part 4. Additional Information About Your Qualifying Family Member
Item Numbers 1.a. - 1.d. Provide the date of last entry, place of last entry, and current immigration status for your family member if he or she is currently in the United States.
Item Numbers 2.a. - 2.e. Provide the date of entry, place of entry, and status at entry for your family member’s last entry if he or she has previously traveled to the United States but is not currently in the United States.
Item Numbers 3.a. - 4.f. If your family member is outside the United States, provide the U.S. Consulate or inspection facility or a safe foreign mailing address you want notified if this supplement is approved.
Item Numbers 5.a. - 6.f. If your family member was previously married, list the names of your family member’s prior spouses and the dates his or her marriages were terminated. You must attach documentation such as divorce decrees or death certificates.
Item Numbers 7.a. – 7.f. Indicate whether your family member was or is in immigration proceedings. If you answer “Yes,” select the type of proceedings. If your family member was in proceedings in the past and is no longer in proceedings, provide the date of action. If your family member is currently in proceedings, type or print “Current” in the appropriate date field. Select all applicable boxes. Use the space provided in Part 11. Additional Information.
Item Number 8. Answer “Yes” if your family member is living in the United States and would like an Employment Authorization Document. If you answer “Yes,” submit Form I-765, Application for Employment Authorization Document, separately.
NOTE: If your family member is living outside the United States, he or she is not eligible to receive employment authorization until he or she is lawfully admitted to the United States. Do not file Form I-765, Application for Employment Authorization, for a family member living outside the United States.
Part 5. Processing Information
Item Numbers 1.a. – 29.c. You must answer each question on behalf of your family member. If you answer “Yes” to any of the questions, you must provide an explanation in the space provided in Part 11. Additional Information.
Part 6. Information About Your Qualifying Family Member’s Spouse and/or Children
Item Numbers 1.a. - 12. Provide the requested information about your family member’s spouse and/or children. If you need extra space to complete this section, use the space provided in Part 11. Additional Information.
Part 7. Petitioner’s Statement, Contact Information, Declaration, and Signature
Item Numbers 1.a. - 7.b. Select the appropriate box to indicate whether you read this supplement yourself or whether you had an interpreter assist you. If someone assisted you in completing the supplement, select the box indicating that you used a preparer. Further, you must sign and date your supplement and provide your daytime telephone number, mobile telephone number (if any), and email address (if any). Every supplement MUST contain the signature of the petitioner (or parent or legal guardian, if applicable). A stamped or typewritten name in place of a signature is not acceptable.
Part 8. Qualifying Family Member’s Statement, Contact Information, Declaration, and Signature
Item Numbers 1.a. - 6.b. If your family member is in the United States, he or she must verify the accuracy of the information recorded on this supplement and must also complete this section of the supplement. He or she must select the appropriate box to indicate that he or she either read this supplement himself or herself or whether he or she had an interpreter assist him or her. If someone assisted him or her in completing the supplement, select the box indicating that he or she used a preparer. Further, he or she must sign and date the supplement and provide his or her daytime telephone number, mobile telephone number (if any), and email address (if any). Every supplement MUST contain the signature of the qualifying family member (or parent or legal guardian, if applicable). A stamped or typewritten name or a scanned, faxed, or emailed copy in place of an original signature is not acceptable. A legal guardian may sign for a mentally incompetent person. If the qualifying family member does not sign or date the supplement, USCIS may return Supplement A as incomplete.
Part 9. Interpreter’s Contact Information, Certification, and Signature
Item Numbers 1.a. - 7.b. If you and your family member used anyone as an interpreter to read the instructions and questions on this supplement to you in a language in which you are fluent, the interpreter must fill out this section, provide his or her name, the name and address of his or her business or organization (if any), his or her daytime telephone number, his or her mobile telephone number (if any), and his or her email address (if any). The interpreter must sign and date the supplement.
Part 10. Contact Information, Declaration, and Signature of the Person Preparing this Supplement, if Other Than the Petitioner or Qualifying Family Member
Item Numbers 1.a.-8.b. This section must contain the signature of the person who completed your supplement, if other than you, the petitioner or your family member. If the same individual acted as your interpreter and your preparer, that person should complete both Part 9. and Part 10. If the person who completed this supplement is associated with a business or organization, that person should complete the business or organization name and address information. Anyone who helped you complete this supplement MUST sign and date the supplement. A stamped or typewritten name in place of a signature is not acceptable. If the person who helped you prepare your supplement is an attorney or accredited representative whose representation extends beyond preparation of this supplement, he or she may be obliged to also submit a completed Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, along with your supplement.
Part 11. Additional Information
Item Numbers 1.a. – 7.d. If you need extra space to provide any additional information within this supplement, use the space provided in Part 11. Additional Information. If you need more space than what is provided in Part 11., you may make copies of Part 11. to complete and file with your supplement or attach a separate sheet of paper. Include your name (Principal) and A-Number (if any) at the top of each sheet; indicate the Page Number, Part Number, and Item Number to which your answer refers; and sign and date each sheet.
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Page 4-8, General Instructions. |
Step 2. General requirements
Required Initial Evidence to Support Petition for U Nonimmigrant Status.
The following initial evidence must be included with Form I-918.
For petitioners who requested and received initial relief, USCIS will consider the evidence submitted by the petitioner in conjunction with his or her request for interim relief as part of the petition package. Such petitioners may file additional evidence with the Form I-918 to supplement the evidence submitted to request interim relief, if they choose.
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General Instructions.
One document may be used to demonstrate more than one element of your claim.
A. Form I-918 Supplement B, U Nonimmigrant Status Certification. You must submit a properly and timely executed Supplement B certification with your petition. However, petitioners who requested and received U interim relief, are not required to file Supplement B.
This certification will be given significant weight as evidence demonstrating that you are a victim; that you possess information about the criminal activity; that the criminal activity violated the laws of the United States or occurred in the United States (including Indian country and military installations) or the territories and possessions of the United States; and that you are likely to be, are being, or have been helpful in the investigation or prosecution of the qualifying criminal activity of which you are a victim. You also must provide any additional relevant evidence to help meet these eligibility requirements.
B. Evidence You Are the Victim of Qualifying Criminal Activity. You must demonstrate you have suffered direct and proximate harm as a result of the commission of qualifying criminal activity. You must include with your petition evidence establishing you are a victim of qualifying criminal activity. You may use Form I-918, Supplement B to help establish this eligibility requirement, but you should also include with your petition any additional evidence you want USCIS to consider. A non-exhaustive list of the types of evidence you may submit includes, but is not limited to:
1. Trial transcripts; 2. Court documents; 3. Police reports; 4. News articles; 5. Affidavits; 6. Orders of protection.
C. Evidence You Have Suffered Substantial Physical or Mental Abuse. You must present credible evidence that demonstrates you suffered substantial physical or mental abuse as a result of having been a victim of qualifying criminal activity. You may use Form I-918, Supplement B to help establish this eligibility requirement, but you should also include with your petition any additional evidence you want USCIS to consider.
The evidence must show the nature and severity of the abuse you suffered. Factors USCIS will consider to determine whether the abuse is substantial include:
1. The nature of the injury inflicted; 2. The severity of the perpetrator's conduct; 3. The severity of the harm you suffered; 4. The duration of the infliction of the harm; and 5. The extent to which there is permanent or serious harm to your appearance, health, or physical or mental soundness.
No single factor is a prerequisite to establish that the abuse suffered was substantial, nor does the existence of one or more of the factors automatically create a presumption that the abuse was substantial. If the criminal activity caused the aggravation of a pre-existing physical or mental injury, that aggravation will be considered in evaluating whether the harm constitutes substantial physical or mental abuse. If the criminal activity involved a series of acts or occurred repeatedly over a period of time, please document the pattern of abuse. USCIS will consider the abuse in its totality -- a series of acts taken together may be considered to have caused substantial physical or mental abuse even where no single act alone rises to that level.
You are encouraged to provide and document all credible evidence, particularly when documenting a pattern of abuse. A non-exhaustive list of suggested forms of evidence includes, but is not limited to:
1. Reports and/or affidavits from judges and other court officials, medical personnel, school officials, clergy, social workers and other social service personnel;
2. Orders of protection and related legal documents;
3. Photos of your visible injuries supported by affidavits;
4. Affidavits from witnesses, acquaintances or family members who have personal knowledge of the facts regarding the criminal activity.
D. Evidence You Possess Information Concerning Qualifying Criminal Activity. You must submit evidence demonstrating you possess information concerning the qualifying criminal activity of which you were a victim. You must demonstrate that you have knowledge of details concerning the criminal activity that would assist in the investigation or prosecution of that criminal activity.
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You may use Form I-918, Supplement B to help establish this eligibility requirement, but you should also include with your petition any additional evidence you want USCIS to consider. Additional evidence to establish you possess information about the qualifying criminal activity may include, but is not limited to, reports and affidavits from police, judges, and other court officials.
In cases where the petitioner is a child under 16 years of age or is incapacitated or incompetent, this requirement can be satisfied by the parent, guardian, or next friend submitting the evidence on behalf of the petitioner. Evidence to meet this eligibility requirement must include documents establishing the age, incapacity, or incompetence of the victim. Examples of such evidence include, but are not limited to: birth certificate of the petitioner, court documents demonstrating recognition of an individual as the petitioner's “next friend,” medical records, or reports of licensed medical professionals demonstrating the incapacity or incompetence of the petitioner.
E. Evidence of Helpfulness. You must submit evidence demonstrating that you have been, are being, or are likely to be helpful to a certifying official in the investigation or prosecution of the qualifying criminal activity of which you are a victim.
You must submit Form I-918, Supplement B to help establish this eligibility requirement, but you should also include with your petition any additional evidence you want USCIS to consider. Examples of such evidence include, but are not limited to: 1. Trial transcripts; 2. Court documents; 3. Police reports; 4. News articles; 5. Copies of reimbursement forms for travel to and from court; 6. Affidavits of other witnesses or officials.
In cases where the petitioner is a child under 16 years of age or is incapacitated or incompetent, this requirement can be satisfied by the parent, guardian, or next friend submitting the evidence on behalf of the petitioner. Evidence to meet this eligibility requirement must include documents establishing the age, incapacity, or incompetence of the victim.
Examples of such documentation include, but are not limited to: birth certificate of the petitioner, court documents demonstrating recognition of an individual as the petitioner's “next friend,” medical records, or reports of licensed medical professionals demonstrating the incapacity or incompetence of the petitioner.
F. Evidence Criminal Activity is Qualifying and Violated U.S. Law or Occurred in the United States. You must submit evidence that the criminal activity of which you were a victim is included in the list of criminal activity included in these instructions, and that the criminal activity violated a U.S. federal law that provides for extraterritorial jurisdiction or occurred in the United States (including in Indian country and military installations) or the territories and possessions of the United States.
You must submit Form I-918 Supplement B to help establish this eligibility requirement, but you should also include with your petition any additional evidence you want USCIS to consider. An example of such additional evidence includes, but is not limited to, a copy of the statutory provision(s) showing the elements of the offense or factual information about the criminal activity demonstrating that it is similar to a crime contained the list of qualifying criminal activity contained in these instructions. If the criminal activity occurred outside the United States, the additional evidence may include a copy of the statutory provision(s) providing for the extraterritorial jurisdiction, and documentation showing that the criminal activity violated Federal law and is prosecutable in a Federal court.
G. Personal Statement. You must provide a personal narrative statement. This statement should describe the qualifying criminal activity of which you were a victim and must include the following information:
1. The nature of the criminal activity; 2. When the criminal activity occurred; 3. Who was responsible; 4. The events surrounding the criminal activity; 5. How the criminal activity came to be investigated or prosecuted; and 6. What substantial physical and/or mental abuse you suffered as a result of having been the victim of the criminal activity.
When the petitioner is under the age of 16, incapacitated, or incompetent, a parent, guardian, or next friend may submit a statement in lieu of the petitioner that contains as much information surrounding the criminal activity and physical and/or mental abuse as possible.
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H. Waiver of Ground(s) of Inadmissibility. To be eligible for U nonimmigrant status, you must be admissible to the United States.
If you or your qualifying family member(s) answered "Yes" to one of the questions in Part 3 of the Form I-918 or Form I-918, Supplement A, you or your qualifying family member(s) may be inadmissible. If you and/or your qualifying family member(s) is or becomes inadmissible for conduct that occurs while the petition for U nonimmigrant status is pending, you and/or your family member(s) will not be eligible for U nonimmigrant status unless the ground of inadmissibility is waived by USCIS.
Petitioners seeking a waiver of inadmissibility must submit a Form I-192, Application for Advance Permission to Enter as a Nonimmigrant (Pursuant to Section 212(d)(3) of the Immigration and Nationality Act). A separate fee or a request for a fee waiver must be filed with Form I-192. Form I-192 should be filed concurrently with Form I-918. USCIS, in its discretion, will decide eligibility for the waiver.
Form I-918, Supplement A, and Evidence to Establish Derivative U Nonimmigrant Status.
You must include:
1. A completed Form I-918, Supplement A, Petition for Immediate Family Member of U-1 Recipient, for each qualifying family member you want included on your petition.
2. Credible documentation of the claimed relationship. Documents acceptable for this purpose are as follows:
If you are filing for your:
A. Husband or Wife - Submit a copy of your marriage certificate issued by a civil authority.
If either you or your spouse were married before, you must submit documents to show all previous marriages were legally terminated. (Example: a divorce decree or death certificate.)
B. Child and you are the mother - Submit a copy of the child's birth certificate showing your name and the name of the child issued by a civil authority.
C. Child and you are the father - Submit a copy of the child's birth certificate issued by a civil authority showing both parents' names. If the child was born out of wedlock give proof that a parent/child relationship exists or existed. (Example: the child's birth certificate showing your name and evidence that you have financially supported the child. In some cases, a blood test may be necessary. )
D. Mother - Submit a copy of your birth certificate issued by a civil authority, showing your name and your mother's name.
E. Father - Submit a copy of your birth certificate showing the names of both parents. Also give a copy of your parents' 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 C, G and H.
F. Brother or sister - Submit a copy of your birth certificate and a copy of your brother's or sister's birth certificate showing that you have at least one common parent. If you and your brother or sister have a common father but different mothers, submit copies of the marriage certificates of the father to each mother and copies of documents showing that any prior marriages of either your father or mothers were legally terminated. If you and your brother or sister are related through adoption or through a stepparent, or if you have a common father and either of you were not legitimated before your 18th birthday, see also 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, and copies of documents showing that any prior marriages were legally terminated.
H. Adoptive parent or adopted child- If you and the person you are filing for are related by adoption, you must submit a copy of the adoption decree(s) showing that the adoption took place before the child became 16 years old. If you adopted the sibling of a child you already adopted, 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 the 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.
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I. Your unmarried sibling under age 18 - Submit a certified copy of your birth certificate and a copy of your brother's or sister's birth certificate showing that you have at least one common parent.
Unavailable Documents. If a required document is not available, you may give USCIS the following instead. NOTE: USCIS may require a statement from the appropriate civil authority certifying that the necessary document is unavailable.
1. Church record: A certificate under the seal where the baptism, dedication or comparable rite occurred within two months after the birth, showing the date and place of the child's birth, date of the religious ceremony and the names of the child's parents.
2. Census records: State or federal census records showing the names place of birth and date of birth or age of the person listed.
3. School record: A letter from the authority of the school attended (preferably the first school) showing dates of admission to the school, child's date and place of birth and the names and birthplaces of both parents if shown in the school records.
4. 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. (Example: the date and place of birth, marriage, divorce or death.) The person making the affidavit need not be a citizen of the United States. Each affidavit should contain the following:
A. The relationship, if any, between you and the affiant;
B. Full information concerning the event; and
C. Complete details concerning how the person acquired knowledge of the event.
NOTE: In a case where you or your relative's name has changed from what is shown on the supporting document, submit the legal document authorizing such name change. (Example: marriage certificate, adoption decree, court order, etc.)
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General Requirements
Required Initial Evidence to Support Form I-918
You must include the following initial evidence with your Form I-918.
If you, the petitioner, requested and received interim relief, USCIS will consider the evidence you submitted in conjunction with your request for interim relief as part of the petition package. In this instance, you may choose to file additional evidence with Form I-918 to add to the evidence submitted with the request for interim relief.
NOTE: You may use one document to demonstrate more than one element of your claim.
1. Supplement B. You must submit an original, properly and timely executed Supplement B certification with your Form I-918. However, petitioners who requested and received U interim relief are not required to file Supplement B.
USCIS will give this certification significant weight as evidence demonstrating that you are a victim; that you possess information about the criminal activity; that the criminal activity violated the laws of the United States or occurred in the United States (including Indian country and military installations) or the territories and possessions of the United States; and that you were, are, or are likely to be helpful in the investigation or prosecution of the qualifying criminal activity of which you are a victim. You must also provide any additional relevant evidence to help meet these eligibility requirements.
2. Evidence You Are the Victim of Qualifying Criminal Activity. You must demonstrate you have suffered direct and proximate harm as a result of the commission of qualifying criminal activity. You must include with your Form I-918 evidence establishing you are a victim of qualifying criminal activity. You may use Supplement B to help establish this eligibility requirement and include additional evidence you want USCIS to consider. A non-exhaustive list of the types of evidence you may submit includes, but is not limited to:
A. Trial transcripts; B. Court documents; C. Police reports; D. News articles; E. Affidavits; and F. Orders of protection.
3. Evidence You Have Suffered Substantial Physical or Mental Abuse. You must present credible evidence that demonstrates you suffered substantial physical or mental abuse as a result of having been a victim of qualifying criminal activity. You may use Supplement B to help establish this eligibility requirement and include additional evidence you want USCIS to consider.
The evidence must show the nature and severity of the abuse you suffered. Factors USCIS will consider to determine whether the abuse is substantial include:
A. The nature of the injury inflicted; B. The severity of the perpetrator’s conduct; C. The severity of the harm you suffered; D. The duration of the infliction of the harm; and E. The extent to which there is permanent or serious harm to your appearance, health, or physical or mental soundness.
No single factor is a prerequisite to establish that the abuse suffered was substantial, nor does the existence of one or more of the factors automatically create a presumption that the abuse was substantial. If the criminal activity caused the aggravation of a pre-existing physical or mental injury, USCIS will consider that aggravation in evaluating whether the harm constitutes substantial physical or mental abuse. If the criminal activity involved a series of acts or occurred repeatedly over a period of time, document the pattern of abuse. USCIS will consider the abuse in its totality. USCIS may consider a series of acts taken together to have caused substantial physical or mental abuse even where no single act alone rises to that level.
You are encouraged to provide and document all credible evidence, particularly when documenting a pattern of abuse. A non-exhaustive list of suggested forms of evidence includes, but is not limited to:
A. Reports and/or affidavits from judges and other court officials, medical personnel, school officials, clergy, social workers, and other social service personnel;
B. Orders of protection and related legal documents;
C. Photos of your visible injuries supported by affidavits; and
D. Affidavits from witnesses, acquaintances, or family members who have personal knowledge of the facts regarding the criminal activity.
4. Evidence You Possess Information Concerning Qualifying Criminal Activity. You must submit evidence demonstrating you possess information concerning the qualifying criminal activity of which you were a victim. You must demonstrate that you have knowledge of details concerning the criminal activity that would assist in the investigation or prosecution of that criminal activity.
You may use Supplement B to help establish this eligibility requirement and include additional evidence you want USCIS to consider. Additional evidence to establish you possess information about the qualifying criminal activity may include, but is not limited to, reports and affidavits from police, judges, and other court officials.
In cases where the petitioner is a child under 16 years of age or is incapacitated or incompetent, the parent, guardian, or “next friend” can satisfy this requirement by submitting the evidence on behalf of the petitioner. “Next friend” is a person who appears in a lawsuit to act for the benefit of a victim under 16 years of age or incapacitated or incompetent, who has suffered substantial physical or mental abuse as a result of being a victim of qualifying criminal activity. The next friend is not a party to the legal proceeding and is not appointed as a guardian. Evidence to meet this eligibility requirement must include documents establishing the age, incapacity, or incompetence of the victim. Examples of such evidence include, but are not limited to:
A. Birth certificate of the petitioner; B. Court documents demonstrating recognition of an individual as the petitioner’s next friend; C. Medical records; or D. Reports of licensed medical professionals demonstrating the incapacity or incompetence of the petitioner.
5. Evidence of Helpfulness. You must submit evidence demonstrating that you were, are, or are likely to be helpful to a certifying official in the investigation or prosecution of the qualifying criminal activity of which you are a victim.
You may use Supplement B to help establish this eligibility requirement and include additional evidence you want USCIS to consider. Examples of such evidence include, but are not limited to:
A. Trial transcripts; B. Court documents; C. Police reports; D. News articles; E. Copies of reimbursement forms for travel to and from court; and F. Affidavits of other witnesses or officials.
In cases where the petitioner is a child under 16 years of age or is incapacitated or incompetent, the parent, guardian, or next friend can satisfy this requirement by submitting the evidence on behalf of the victim. Evidence to meet this eligibility requirement must include documents establishing the age, incapacity, or incompetence of the victim. Examples of such documentation include, but are not limited to:
A. Birth certificate of the petitioner; B. Court documents demonstrating recognition of an individual as the petitioner’s next friend; C. Medical records; or D. Reports of licensed medical professionals demonstrating the incapacity or incompetence of the petitioner.
6. Evidence that Criminal Activity is Qualifying and Violated United States Law or Occurred in the United States. You must submit evidence that the criminal activity of which you are a victim is included in the list of criminal activities contained in section 101(a)(15)(U)(iii) of the INA and included in these Instructions, and that the criminal activity violated a U.S. Federal law that provides for extraterritorial jurisdiction, or occurred in the United States (including in Indian country and military installations) or the territories and possessions of the United States.
You may use Supplement B to help establish this eligibility requirement and include additional evidence you want USCIS to consider. An example of such additional evidence includes, but is not limited to: A. A copy of the statutory provisions showing the elements of the offense or factual information about the criminal activity demonstrating that it is similar to a crime contained in the list of qualifying criminal activity contained at section 101(a)(15)(U)(iii) and in these Instructions; or
B. If the criminal activity occurred outside the United States, the additional evidence may include a copy of the statutory provisions providing for the extraterritorial jurisdiction and documentation showing that the criminal activity violated Federal law and is prosecutable in a Federal court.
7. Personal Statement. You must provide a personal narrative statement. This statement should describe the qualifying criminal activity of which you are a victim and must include the following information:
A. The nature of the criminal activity; B. When the criminal activity occurred; C. Who was responsible; D. The events surrounding the criminal activity; E. How the criminal activity came to be investigated or prosecuted; and F. What substantial physical and/or mental abuse you suffered as a result of having been the victim of the criminal activity.
When the petitioner is under 16 years of age, incapacitated, or incompetent, a parent, guardian, or next friend may submit a statement in lieu of the victim. The statement should contain as much information surrounding the criminal activity and physical and/or mental abuse as possible.
8. Waiver of Grounds of Inadmissibility. To be eligible for U nonimmigrant status, you must be admissible to the United States. If you or your qualifying family members answered “Yes” to any of the questions in Part 3. of Form I-918 or Part 5. of Supplement A, USCIS may deem you or your qualifying family members as inadmissible.
If you and/or your qualifying family members are or become inadmissible for conduct that occurs while the petition for U nonimmigrant status is pending, you and/or your family members are not eligible for U nonimmigrant status unless the ground of inadmissibility is waived by USCIS.
Petitioners seeking a waiver of inadmissibility must submit Form I-192, Application for Advance Permission to Enter as a Nonimmigrant. You may file your Form I-192 with your Form I-918. You must submit the appropriate I-192 fee or a request for a fee waiver (Form I-912, Request for Fee Waiver, or a written request). If you request a fee waiver you must also submit any required evidence of your inability to pay the fee. You can review the fee waiver guidance at www.uscis.gov/feewaiver. USCIS will decide eligibility for the fee waiver.
Supplement A and Evidence to Support Supplement A
You must include the following evidence to establish derivative U nonimmigrant status on Supplement A.
1. A completed Supplement A for each qualifying family member you want included on your Form I-918.
2. Credible documentation of the claimed relationship. The documents acceptable for this purpose are below.
If you are filing for your:
A. Husband or wife. Submit a copy of your marriage certificate issued by a civil authority. If either you or your spouse were married before, you must submit documents to show all previous marriages were legally terminated (for example, provide a divorce decree or death certificate);
B. Child and you are the mother. Submit a copy of the child’s birth certificate showing your name and the name of the child, issued by a civil authority;
C. Child and you are the father. Submit a copy of the child’s birth certificate issued by a civil authority showing both parents’ names. If the child was born out of wedlock, give proof that a parent/child relationship exists or existed (for example, provide the child’s birth certificate showing your name and evidence that you have financially supported the child. In some cases, a blood test may be necessary);
D. Mother. Submit a copy of your birth certificate issued by a civil authority showing your name and your mother’s name;
E. Father. Submit a copy of your birth certificate showing the names of both parents. Also, provide a copy of your parents’ 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 you reached 18 years of age, also see Items C., G., and H. in this section;
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F. Stepparent/stepchild. If your Form I-918 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 reached 18 years of age and copies of documents showing that any prior marriages were legally terminated;
G. Adoptive parent or adopted child. If you and the person you are filing for are related by adoption, you must submit a copy of the adoption decrees showing that the adoption took place before the child reached 16 years of age. If you adopted the sibling of a child you already adopted, you must submit a copy of the adoption decrees showing that the adoption of the sibling occurred before that child reached 18 years of age. In either case, you must also submit copies of evidence that the child was in the legal custody of and jointly resided with the adoptive parents for at least two years before or after the adoption. Only a court or recognized government entity may grant legal custody and usually grants legal custody at the time the adoption is finalized. However, if legal custody is granted by a court or recognized government entity prior to the adoption, that time will count to fulfill the two-year legal custody requirement; or
H. Your unmarried sibling under 18 years of age. Submit a copy of your birth certificate and a copy of your sibling’s birth certificate showing that you have at least one common parent. If you and your sibling have a common father but different mothers, submit copies of the marriage certificates of the father to each mother and copies of documents showing that any prior marriages of either your father or mothers were legally terminated. If you and your sibling are related through adoption or through a stepparent, or if you have a common father and either of you were not legitimated before you reached 18 years of age, also see Items F. and G. in this section;
3. Unavailable Documents. If the required documents are not available, submit a statement of why the evidence is not available and provide secondary evidence such as the following:
A. Church records. A certificate under the seal where the baptism, dedication, or comparable rite occurred within two months after the birth, showing the date and place of the child’s birth, date of the religious ceremony, and the names of the child’s parents;
B. Census records. State or Federal census records showing the names, places and dates of birth, or ages of the persons listed;
C. School records. A letter from the authority of the school attended (preferably the first school) showing dates of admission to the school, child’s date and place of birth, and the names and birthplaces of both parents, if shown in the school records; and/or
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, provide the date and place of birth, marriage, divorce, or death.) The person making the affidavit need not be a citizen of the United States. Each affidavit should contain the following:
(1) The relationship, if any, between you and the person making the affidavit;
(2) Full information concerning the event; and
(3) Complete details concerning how the person acquired knowledge of the event.
NOTE: In a case where you or your family member’s name has changed from what is shown on the supporting document, submit the legal document authorizing such name change. (For example, provide a marriage certificate, adoption decree, or court order.)
NOTE: USCIS may require a statement from the appropriate civil authority certifying that the necessary document is unavailable.
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Page 8, What Is the Filing Fee? |
[Page 8]
What Is the Filing Fee?
There is no filing fee or biometrics services fee for Form I-918.
After you submit Form I-918, USCIS will notify you about when and where to go for biometrics services.
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[Page 14]
What Is the Filing Fee?
There is no filing fee for Form I-918 or Supplement A. You are required to provide biometrics information, but are not required to pay the biometrics services fee. After you submit Form I-918 and Supplement A (if applicable), USCIS will notify you and your family member (if applicable) of when and where to go for biometrics services.
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Page 8, Where To File? |
[Page 8]
Where To File?
Mail your complete petition package to the following address:
USCIS - Vermont Service Center 75 Lower Welden Street St. Albans, VT 05479-0001
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[Page 14]
Where To File?
Please see our Web site at www.uscis.gov/I-918 or call our National Customer Service Center at 1-800-375-5283 for the most current information about where to file Form I-918 and Supplement A. For TTY (deaf or hard of hearing) call: 1-800-767-1833.
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Page 8, Address Changes. |
[Page 8]
Address Changes.
If you have changed your address, you must inform USCIS of your new address. For information on filing a change of address go to the USCIS Web site at www.uscis.gov/addresschange or contact the USCIS National Customer Service Center at 1-800-375-5283. For TDD (hearing impaired) call: 1-800-767-1833.
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[Page 14]
Address Change
An applicant, petitioner, or requester who is not a U.S. citizen must notify USCIS of his or her new address within 10 days of moving from his or her previous residence. For information on filing a change of address, go to the USCIS Web site at www.uscis.gov/addresschange or contact the USCIS National Customer Service Center at 1-800-375-5283. For TTY (deaf or hard of hearing) call: 1-800-767-1833.
NOTE: Do not submit a change of address request to the USCIS Lockbox facilities because the Lockbox does not process change of address requests. |
Page 8-9, Processing Information. |
[Page 8]
Processing Information.
Any Form I-918 that is not signed will be rejected with a notice that the Form I-918 is deficient. You may correct the deficiency and resubmit the Form I-918. A petition is not considered properly filed until accepted by USCIS.
Initial processing. Once a Form Form I-918 has been accepted, it will be checked for completeness, including submission of the required initial evidence. If you do not completely fill out the form, or file it without required initial evidence, you will not establish a basis for eligibility and we may deny your Form I-918.
Requests for more information or interview. We may request more information or evidence, or we may request that you appear at a USCIS office for an interview. We may also request that you submit the originals of any copy. We will return these originals when they are no longer required.
[Page 9]
Employment Authorization. If your petition is approved, you will be employment authorized incident to status and USCIS will send you an Employment Authorization Document as evidence of that authorization.
Derivative family members are also employment authorized incident to status. If they wish to obtain an Employment Authorization Document as evidence of authorization, a Form I-765, Application for Employment Authorization Document, with appropriate fee or a request for a fee waiver, may be filed with the Form I-918 and Form I-918, Supplement A.
Derivative family members living outside the United States are not eligible to receive employment authorization until they lawfully enter the United States. Do not file Form I-765 for a derivative family member who is outside the United States.
Decision. The decision on a Form I-918 involves a determination of whether you have established eligibility for the requested benefit. You will be notified of the decision in writing.
Prohibition on Disclosure of Information. Information concerning U nonimmigrant status petitioners is protected against disclosure. Adverse determination of admissibility or deportability cannot be made based on information obtained from the perpetrator of substantial physical or mental abuse and the criminal activity. The disclosure of information relating to a pending or approved petition for U nonimmigrant status is prohibited except in certain circumstances, such as to investigative agencies who have a reason to know based on a legitimate law enforcement purpose.
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[Page 14]
Processing Information
USCIS will reject any Form I-918 or Supplement A that is not signed with a notice that Form I-918 or Supplement A is deficient. You may correct the deficiency and resubmit Form I-918 and/or Supplement A. A petition or supplement is not considered properly filed until accepted by USCIS.
Initial Processing. Once USCIS accepts your Form I-918 or Supplement A, we will check it for completeness. If you do not completely fill out this petition or supplement, you will not establish a basis for your eligibility and USCIS may reject or deny your Form I-918 or Supplement A.
Requests for More Information. We may request that you provide more information or evidence to support your Form I-918 or Supplement A. We also may request that you provide the originals of any copies you submit. USCIS will return any requested originals when they are no longer needed.
Requests for Interview. We may request that you and/or your family member appear at a USCIS office for an interview based on your petition or supplement. At the time of any interview or other appearance at a USCIS office, we may require that you and/or your family member provide your fingerprints, photographs, and/or signatures to verify your identity and/ or update background and security checks.
Employment Authorization. If you are currently residing in the United States and your Form I-918 is approved, you will receive employment authorization incident to status and USCIS will send you an Employment Authorization Document as evidence of that authorization.
Derivative family members are also employment authorized incident to status, however an employment authorization document is not automatically issued. If he or she wishes to obtain an Employment Authorization Document, as evidence of authorization, he or she may file Form I-765, Application for Employment Authorization, with appropriate fees or requests for fee waivers.
NOTE: Derivative family members living outside the United States are not eligible to receive employment authorization until they lawfully enter the United States. Do not file Form I-765 for a derivative family member who is outside the United States.
Employment authorization can only be issued after the underlying U nonimmigrant status petition is approved, regardless of when the Form I-765, Application for Employment Authorization, document is filed.
If the statutory cap is reached in a fiscal year and USCIS uses the waiting list process described at 8 CFR 214.14(d)(2), petitioners for U nonimmigrant status and derivatives in the United States can apply for employment authorization using Form I-765, Application for Employment Authorization, based on deferred action. An application for employment authorization based on deferred action can only be approved after DHS has deferred action in your case, regardless of when the Form I-765 is filed.
Decision. The decision on Form I-918 and Supplement A involves a determination of whether you have established eligibility for the immigration benefit you are seeking. USCIS will notify you of the decision in writing.
Prohibition on Disclosure of Information. Information concerning U nonimmigrant status petitioners and derivatives is protected under 8 U.S.C. Section 1367. The disclosure of information relating to a pending or approved Form I-918 or Supplement A is prohibited except in certain limited circumstances.
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Page 9, USCIS Forms and Information. |
[Page 9] USCIS Forms and Information.
To ensure you are using the latest version of this form, visit the USCIS Web site at www.uscis.gov where you can obtain the latest USCIS forms and immigration-related information. If you do not have internet access, you may order USCIS forms by calling our toll-free number at 1-800-870-3676. You may also obtain forms and information by telephoning our USCIS National Customer Service Center at 1-800-375-5283. For TDD (hearing impaired) call: 1-800-767-1833.
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 Web site. 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. |
[Page 15] USCIS Forms and Information
To ensure you are using the latest version of Form I-918 and Supplement A, visit the USCIS Web site at www.uscis.gov/forms where you can obtain the latest USCIS forms and immigration-related information. If you do not have Internet access, you may order USCIS forms by calling our toll-free number at 1-800-870-3676. You may also obtain forms and information by calling the USCIS National Customer Service Center at 1-800-375-5283. For TTY (deaf or hard of hearing) call: 1-800-767-1833.
Instead of waiting in line for assistance at your local USCIS office, you can schedule an appointment online at www.uscis.gov. Select “Schedule an appointment online” and follow the screen prompts to set up your appointment. Once you finish scheduling an appointment, the system will generate an appointment notice for you.
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Page 9, Penalties. |
[Page 9]
Penalties.
If you knowingly and willfully falsify or conceal a material fact or submit a false document with this Form I-918, we will deny the Form I-918 and may deny any other immigration benefit.
In addition, you will face severe penalties provided by law and may be subject to criminal prosecution.
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[Page 15]
Penalties
If you knowingly and willfully falsify or conceal a material fact or submit a false document with your Form I-918 and/or Supplement A, we will deny your Form I-918 and/or Supplement A and may deny any other immigration benefit. In addition, you will face severe penalties provided by law and may be subject to criminal prosecution.
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Page 9, Privacy Act Notice. |
[Page 9]
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 for which 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-918.
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[Page 16]
USCIS Privacy Act Statement
AUTHORITIES: The information requested on Form I-918 and Supplement A, and the associated evidence, is collected under the Immigration and Nationality Act, 8 U.S.C. sections 1101(a)(15)(U), 1184(p), 1182(d)(14), and 8 CFR 214.14.
PURPOSE: The primary purpose for providing the requested information on Form I-918 and Supplement A is to determine if you and your qualifying family member have established eligibility for the immigration benefit for which you are filing. DHS will use the information you provide to grant or deny the immigration benefit you are seeking.
DISCLOSURE: The information you provide is voluntary. However, failure to provide the requested information, and any requested evidence, may delay a final decision in your case or result in denial of your Form I-918 and/or Supplement A.
ROUTINE USES: DHS may share the information you provide on Form I-918 and Supplement A with other Federal, state, local, and foreign government agencies and authorized organizations. DHS follows approved routine uses described in the associated published system of records notices [DHS/USCIS-007 - Benefits Information System and DHS/USCIS-001 -Alien File, Index, and National File Tracking System of Records] which you can find at www.dhs.gov/privacy. DHS may also share the information, as appropriate, for law enforcement purposes or in the interest of national security.
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Page 9, Paperwork Reduction Act. |
[Page 9]
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 5 hours per response, including the time for reviewing instructions, completing and submitting the form. In addition, the estimated average time to complete and file Supplement A of this petition is 1 hour, 30 minutes per response. Finally, the estimated average time to complete and file Supplement B of this petition is 1 hour per response. 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 Coordination Division, Office of Policy and Strategy, 20 Massachusetts Avenue, N.W., Washington, DC 20529-2140. OMB No. 1615-0104. Do not mail your completed Form I-918, I-918 Supplement A, or I-918 Supplement B to this address.
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[Page 16]
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 Form I-918 is estimated at 5 hours per response, and the public reporting burden for Supplement A is estimated at 1 hour and 30 minutes per response, including the time for reviewing instructions, gathering the required documentation and information, completing the petition, preparing statements, attaching necessary documentation, and submitting the petition. The collection of biometrics is estimated to require 1 hour and 10 minutes. 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 Coordination Division, Office of Policy and Strategy, 20 Massachusetts Ave., NW, Washington, DC 20529-2140; OMB No. 1615-0104. Do not mail your completed Form I-918 or Supplement A to this address. |
| File Type | application/vnd.openxmlformats-officedocument.wordprocessingml.document |
| File Title | TABLE OF CHANGE – FORM I-687 |
| Author | jdimpera |
| File Modified | 0000-00-00 |
| File Created | 2021-01-24 |