Petition for Qualifying Family Member of a U-1 Nonimmigrant

OMB No. 1615-0106; Expires 08/31/2024

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

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

DRAFT
NOT FOR
PRODUCTION
07/11/2022

What Is the Purpose of This Form?

The purpose of Form I-929, Petition for Qualifying Family
Member of a U-1 Nonimmigrant, is to request immigration
benefits on behalf of a family member who never held U
nonimmigrant status. To process your Form I-929, you will
need to supply U.S. Citizenship and Immigration Services
(USCIS) with a signed Form I-929 and the filing fee or fee
waiver. In addition, you will need to supply the appropriate
supporting documents for your petition. Any non-English
language document must be translated into English.

Who May File?

A petitioner may file this form with USCIS on behalf of a
family member who does not hold U nonimmigrant status and
who wishes to immigrate to the United States. You, as the
petitioner, must demonstrate that:
A. You became a lawful permanent resident, or have a
pending Form I-485, Application to Register Permanent
Residence or Adjust Status, based on your status as a U-1
nonimmigrant (victim of criminal activity);
B. Your alien relative is eligible for immigrant classification
based on his or her relationship to you;

C. You can establish that you or your alien relative will suffer
extreme hardship if not allowed to remain in or to enter the
United States; and
D. You can establish that discretion should be exercised in
favor of your alien relative.
You must file a separate petition for each eligible relative.

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

Form I-929 Instructions 08/31/21

General Instructions

A. Type or print legibly in black ink.

B. If extra space is needed to complete any item, attach a
continuation sheet and indicate your full name and Alien
Registration Number (A-Number) at the top of each sheet
of paper. Indicate the item number and sign and date each
sheet.
C. Answer all questions fully and accurately. If any item is
not applicable or the answer is "none," leave the space
blank.
D. Each petition must be properly signed and filed. A
photocopy of a signed petition or typewritten name in
place of a signature is not acceptable.
Filing Fee. See USCIS Form G-1055, Fee Schedule,
available at www.uscis.gov/g-1055, for all information on
filing fees.
Copies
If these instructions state that a copy of a document may be
filed with your Form I-929, submit a copy. If you choose to
send the original, USCIS may keep that original for our
records. If USCIS requires the original, it will be requested.
Translations
Any document containing a foreign language submitted to
USCIS must 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.

What Initial Evidence Is Required to Support
This Petition?
You are required to submit the following:
A. Evidence of your lawful permanent resident status or
evidence that you have a pending Form I-485 based on
your status as a U-1 nonimmigrant;
B. Evidence of your relationship to the alien beneficiary;
C. Evidence of extreme hardship to you or your alien relative
if he or she is not allowed to remain in or to enter the
United States; and
D. Evidence to establish that discretion should be exercised in
favor of your alien relative.
NOTE: Form I-929 cannot be approved for your alien
relative until your Form I-485 is approved based on your U-1
nonimmigrant status.
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What Documents Do You Need to Demonstrate
Your Status?

E. A mother: Submit a copy of your birth certificate
showing your name and your mother's name. Also submit
evidence of any legal name change if the names on the
birth certificate do not match the names on the petition.

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Provide the following documents to demonstrate you are
eligible to file this petition:

A. If you are a permanent resident, you must file your
petition with a copy of the front and back of your
Permanent Resident Card. If you have not yet received
your card, submit copies of your passport biographic
page, and the page showing admission as a permanent
resident, or other evidence of permanent resident status
issued by USCIS.

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

What Documents Do You Need to Demonstrate
a Family Relationship?
Certain documents are required to be submitted with this
petition to show that a relationship exists between you and
your relative. In all cases, submit a recently taken clear
photograph of the family member for whom you are filing,
and if you are filing for:

A. A Husband or wife: Submit the following documentation:
1. A copy of your marriage certificate;

2. If either you or your spouse were previously married,
copies of documents showing that all prior marriages
were legally terminated; and
3. Evidence of any legal name change.
B. A child and you are the mother: Submit a copy of the
child's birth certificate showing your name and the name of
your child.
C. A child born in wedlock and you are the father: Submit
a copy of the child's birth certificate showing both parents'
names and your marriage certificate.

F. A father: Submit a copy of your birth certificate showing
the names of both parents. Also give a copy of your
parent's marriage certificate establishing that your father
was married to your mother before you were born, and
copies of documents showing that any prior marriages of
either your father or mother were legally terminated. If
you are filing for a stepparent or adoptive parent, or if you
are filing for your father and were not legitimated before
your 18th birthday, also see D, G, and H.
G. Stepparent/stepchild: If your petition is based on a
stepparent-stepchild relationship, you must file your
petition with a copy of the marriage certificate of the
stepparent to the child's natural parent showing that the
marriage occurred before the child's 18th birthday. If you
or the child's natural parent were ever previously married
to other people, submit copies of documents showing that
any prior marriages were legally terminated. Evidence of
any legal name changes must also be submitted.

H. Adoptive parent of adopted child: If you and the person
you are filing for are related by adoption, you must submit
a certified copy of the adoption decree(s) showing that the
adoption took place before the child became 16 years of
age.
If you adopted the child's sibling, you must submit a copy
of the adoption decree(s) showing that the adoption of the
sibling occurred before that child's 18th birthday.
In either case, you must also submit copies of evidence that
each child was in the legal custody of and resided with the
parent(s) who adopted him or her for at least 2 years before
or after adoption. Legal custody may only be granted by a
court or recognized government entity and is usually
granted at the time the adoption is finalized. However, if
legal custody is granted by a court or recognized
government agency prior to the adoption, that time may
count to fulfill the 2-year legal custody requirement.

D. A child born out of wedlock and you are the father: If
the child was not legitimated before reaching 18 years of
age, you must file your petition with copies of evidence
that a bona fide parent-child relationship existed between
the father and the child before the child reached 21 years
of age. This may include evidence that the father lived
with the child, supported him or her, or otherwise showed
continuing parental interest in the child's welfare.

Form I-929 Instructions 08/31/21

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What Documents Do You Need to Demonstrate
Extreme Hardship?

What Documents Do You Need to Establish
That Discretion Should be Exercised?

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Extreme hardship is determined on a case-by-case basis. You
are encouraged to cite and document all applicable factors you
believe demonstrate that you or your alien relative will suffer
extreme hardship if he or she is not allowed to remain in or to
enter the United States. You must demonstrate that refusal to
allow the family member to remain in or to enter the United
States would result in a degree of hardship beyond that
typically associated with such a removal or refusal. Factors to
be considered may be, but are not limited to, the following:
A. The nature and extent of the physical or mental abuse
suffered as a result of having been a victim of criminal
activity;

B. The impact of loss of access to the U.S. courts and
criminal justice system, including but not limited to
participation in the criminal investigation or prosecution of
the criminal activity of which the alien was a victim, and
any civil proceedings related to family law, child custody,
or other court proceeding stemming from the criminal
activity;
C. The likelihood that the perpetrator's family, friends, or
others acting on behalf of the perpetrator in the home
country would harm the applicant or the applicant's
children;

D. The applicant's needs for social, medical, mental health, or
other supportive services for victims of crime that are
unavailable or not reasonably accessible in the home
country;

E. If the criminal activity involved arose in a domestic
violence context, the existence of laws and social practices
in the home country that punish the applicant or the
applicant's child(ren) because they have been victims of
domestic violence or have taken steps to leave an abusive
household;
F. The perpetrator's ability to travel to the home country and
the ability and willingness of authorities in the home
country to protect the applicant or the applicant's children;
and
G. The age of the applicant, both at the time of entry to the
United States and at the time of application for adjustment
of status.

Form I-929 Instructions 08/31/21

Submit evidence, including a signed statement from your alien
relative and other supporting documentation, to establish that
discretion should be exercised in favor of your alien relative.
Although you are not required to establish that your alien
relative is admissible, USCIS may take into account all
factors, including acts that would otherwise render your alien
relative inadmissible, in making its discretionary decision on
the application. Where adverse factors are present, you may
offset these by submitting supporting documentation
establishing mitigating equities that your alien relative wants
USCIS to consider when determining whether or not a
favorable exercise of discretion is appropriate. Depending on
the nature of the adverse factors, you may be required to
clearly demonstrate that the denial of adjustment of status or
an immigrant visa would result in exceptional and extremely
unusual hardship to you.

What If a Document Is Not Available?

In such a situation, submit a statement from the appropriate
civil authority certifying that the document or documents are
not available. You must also submit secondary evidence,
including:
A. Church record: A copy of a document bearing the seal of
the church, showing the baptism, dedication, or
comparable rite occurred within 2 months after birth, and
showing the date and place of the child's birth, date of the
religious ceremony, and the names of the child's parents.

B. School record: A letter from the authority (preferably the
first school attended) showing the date of admission to the
school, the child's date of birth, or age at that time, place of
birth, and names of the parents.
C. Census record: State or Federal census record showing
the name, place of birth, date of birth, or the age of the
person listed.
D. Affidavits: Written statements sworn to or affirmed by
two persons who were living at the time and who have
personal knowledge of the event you are trying to prove.
For example, the date and place of birth, marriage, or
death.
The person making the affidavit does not have to be a
U.S. citizen. Each affidavit should contain the following
information regarding the person making the affidavit: full
name, address, date and place of birth, relationship to you,
full information concerning the event, and complete details
explaining how the person acquired knowledge of the
event.

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Where Should You File This Form?
Mail your complete petition package to the following address:

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USCIS
Vermont Service Center
38 River Road
Essex Junction, VT 05479-0001

USCIS Forms and Information

To ensure you are using the latest version of this form, visit
the USCIS website 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 the USCIS Contact Center at
1-800-375-5283. For TTY (deaf or hard of hearing) 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
the USCIS Internet-based system, InfoPass. To access the
system, visit the USCIS website. Use the InfoPass
appointment scheduler and follow the screen prompts to set up
your appointment. InfoPass generates an electronic
appointment notice that appears on the screen.

Penalties

ROUTINE USES: DHS may, where allowable under relevant
confidentiality provisions, share the information you provide on
this petition and any additional requested evidence 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/ICE/CBP-001 Alien File, Index, and National
File Tracking System and DHS/USCIS-007 Benefits
Information System and DHS/USCIS-018 Immigration
Biometric and Background Check] and the published privacy
impact assessments [DHS/USCIS/PIA-016a Computer Linked
Application Information Management System and Associated
Systems] which you can find at www.dhs.gov/privacy. DHS
may also share this information, as appropriate, for law
enforcement purposes or in the interest of national security.

If you knowingly and willfully falsify or conceal a material
fact or submit a false document with your Form I-929, we will
deny your Form I-929 and may deny any other immigration
benefit. In addition, you will face severe penalties provided
by law and may be subject to criminal prosecution.

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 0.817 hours per
response, including the time for reviewing instructions, and
completing and submitting the form. Send comments
regarding this burden estimate or any other aspect of this
collection of information, including suggestions for reducing
this burden to: U.S. Citizenship and Immigration Services,
Regulatory Coordination Division, Office of Policy and
Strategy, 5900 Capital Gateway Drive, Mail Stop #2140,
Camp Springs, MD 20588-0009; OMB No. 1615-0106.
Do not mail your completed Form I-929 to this address.

DHS Privacy Notice
AUTHORITIES: The information requested on this petition,
and the associated evidence, is collected under the
Immigration and Nationality Act, 8 U.S.C. sections 1103,
1184, 1255.
PURPOSE: The primary purpose for providing the requested
information on this petition is to request immigration benefits
on behalf of a family member who has never held U
nonimmigrant status. DHS uses 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,
including your Social Security number (if applicable), and any
requested evidence, may delay a final decision or result in
denial of your petition.

Form I-929 Instructions 08/31/21

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Checklist
Did you answer each question on the Form I-929
according to the instructions on the form?

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Did you sign and date Form I-929?

Did you submit proof of your lawful permanent
resident status or pending Form I-485 based on U-1
nonimmigrant status?
Did you submit proof of relationship, including
documents needing copies and/or translations?
Did you submit proof of extreme hardship?

Did you submit evidence to establish that discretion
should be exercised?
Did you submit the beneficiary's photo?

Did you provide the beneficiary's address where he
or she is residing now?

Form I-929 Instructions 08/31/21

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