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
09/06/2024
Reason for Revision: REV Project Phase: OMBReview
Legend for Proposed Text:
Expires 02/28/2026 Edition Date 04/01/2024 |
Current Page Number and Section |
Current Text |
Proposed Text |
Page 1, What Is the Purpose of Form I-918 and Supplement A? |
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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 of temporary immigration benefits.
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What Is the Purpose of Form I-918 and Form I-918, Supplement A?
You should use Form I-918, Petition for U Nonimmigrant Status, to request U nonimmigrant status, a temporary immigration benefit, if you are a victim of qualifying criminal activity.
You should use Form I-918, 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. |
Pages 1-2, Who May File Form I-918 and Supplement A? |
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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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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 are a victim;
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
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.
(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.
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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 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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Who May File Form I-918 and Form I-918, Supplement A?
You, the victim, should file Form I-918. You may petition for your qualifying family members by filing Form I-918, Supplement A with your initial Form I-918. You can also file Form I-918, Supplement A, at a later date for any qualifying family members not included with your initial Form I-918.
1. Principal Petitioner. You must demonstrate all the following:
A. You are a victim of a qualifying criminal activity, defined as one or more of the following or any activity in which the nature and elements of the offense are substantially similar to one or more of the following, 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
To be eligible for U nonimmigrant status, the petitioner must be a victim of a qualifying criminal activity. The term “victim” may include direct victims or indirect victims, as defined below.
Direct Victim
The person against whom the qualifying criminal activity was perpetrated and who has suffered direct and proximate harm as a result of the commission of qualifying criminal activity.
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Bystanders who suffer an unusually direct injury as a result of a qualifying criminal activity may also qualify.
Indirect Victim
For a family member to be eligible for U nonimmigrant status as an indirect victim, all the following requirements must be met:
1. The individual must have a qualifying family relationship to the direct victim: A. If the direct victim is 21 years of age or older at the time of the qualifying criminal activity, their spouse and unmarried children under 21 years of age may apply as an indirect victim. B. If the direct victim is under 21 years of age at the time of the qualifying criminal activity, their spouse, unmarried children under 21 years of age, parents, and unmarried siblings under 18 years of age may apply as an indirect victim.
2. The direct victim is unable to assist the certifying agency because they are: A. Deceased due to murder or manslaughter, or B. Incompetent or incapacitated, including due to injury, trauma, or age.
3. The indirect victim must meet all other eligibility requirements for U nonimmigrant status.
NOTE: USCIS considers the age of a direct victim at the time the qualifying criminal activity occurred when considering whether a qualifying family member may apply for U nonimmigrant status as an indirect victim.
B. You have suffered substantial physical or mental abuse as a result of being a victim of qualifying criminal activity;
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D. A Federal, state, territorial, tribal, or local government official investigating or prosecuting a qualifying criminal activity certifies on Form I-918 Supplement B, U Nonimmigrant Status Certification, that you were, are, or are likely to be helpful to the certifying agency in the investigation or prosecution of the qualifying criminal activity as defined by 8 CFR 214.14(a)(5), which includes the detection, investigation, or prosecution of the qualifying criminal activity of which you are a victim or the conviction or sentencing of the perpetrator;
E. The qualifying 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.
(1) United States means the continental United States, Alaska, Hawaii, Puerto Rico, Guam, and 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 U.S. 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.
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F. You are admissible to the United States, or have had all applicable grounds of inadmissibility waived. See Item 9. Waiver of Grounds of Inadmissibility in the “Required Initial Evidence” section for more information.
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Pages 2-3, General Instructions |
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General Instructions
We provide free forms free through the USCIS website. To view, print, or complete 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 Contact Center and ask that we mail a form to you.
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Signature. You (or your signing authority) must properly complete your petition. USCIS will not accept a stamped or typewritten name in place of any signature on this petition. 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. If your petition is not signed, or if the signature is not valid, we will reject your petition. See 8 CFR 103.2(a)(7)(ii)(A). If USCIS accepts a request for adjudication and determines that it has a deficient signature, USCIS may deny the request.
Validity of Signatures. USCIS will consider a photocopied, faxed, or scanned copy of an original handwritten signature as valid for filing purposes. The photocopy, fax, or scan must be of the original document containing the handwritten ink signature.
Filing Fee. There is no filing fee for Form I-918 or Supplement A.
Evidence. When you file your petition, 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 you to appear for an interview or provide biometrics (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 or petition. If we determine that a biometric services appointment is necessary, we will send you an appointment notice with the date, time, and location of your appointment. If you are currently overseas, your notice will instruct you to contact a U.S. Embassy, U.S. Consulate, or USCIS office outside the United States to set up an appointment.
At your biometrics 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.
If you do not attend your biometric services appointment, we may deny your petition.
Copies. You should submit legible photocopies of requested documents unless the Instructions specifically instruct you to submit an original document. USCIS may request an original document at any time during our process. If we request an original document from you, we will return it to you after USCIS determines it no longer needs the original.
NOTE: If you submit original documents when they are not required or requested, USCIS may destroy them after we receive them.
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 they are competent to translate from the foreign language into English. The certification must include their signature, printed name, the signature date, and their contact information.
USCIS Contact Center. For additional information on the petition and Instructions about where to file, change of address, and other questions, visit the USCIS Contact Center at www.uscis.gov/contactcenter or call at 800-375-5283 (TTY 800-767-1833). The USCIS Contact Center provides information in English and Spanish.
Disability Accommodations/Modifications. To request a disability accommodation/modification, follow the instructions on your appointment notice or at www.uscis.gov/accommodationsinfo.
How To Complete Form I-918 and Supplement A
1. Type or print legibly in black 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. 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.
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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General Instructions
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Filing Fee. There are no filing or biometric service fees for Form I-918, and Form I-918, Supplement A.
Evidence. When you file your petition, you must submit all evidence and supporting documents listed in the Specific Instructions section and General Requirements section.
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How To Complete Form I-918 and Form I-918, Supplement A
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2. If you need extra space to complete any item within this petition, use the space provided in Part 8. Additional Information on Form I-918, or Part 10. Additional Information on the Form I-918, Supplement A, 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.
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Pages 4-6, Specific Instructions for Form I-918 |
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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 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.
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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 (PO 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 7. USCIS Online Account Number. You will only have a USCIS Online Account Number (OAN ) if you previously filed a form that has a receipt number that begins with IOE. If you filed the form online, you can find your OAN in your account profile. If you mailed us the form, you can find your OAN at the top of the Account Access Notice we sent you. If you do not have a receipt number that begins with IOE, you do not have an OAN. The OAN is not the same as an A-Number.
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 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. If you do not have citizenship in any country, type or print “stateless” and provide an explanation in Part 8. Additional Information.
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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 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 CBP admitted you into the United States at an airport or seaport after April 30, 2013, they may have issued you an electronic Form I-94 instead of a paper Form I-94. You may visit the CBP website at www.cbp.gov/i94 to obtain a paper version of your electronic Form I-94. CBP does not charge a fee for this service. Some travelers may also be able to obtain a replacement Form I-94 from the CBP website for free if they were admitted to the United States at a land border, airport, or seaport after April 30, 2013, with a passport or travel document and received a paper Form I-94 from CBP. If you cannot obtain your Form I-94 from the CBP website, you may obtain it by filing Form I-102, Application for Replacement/Initial Nonimmigrant Arrival-Departure Record, with USCIS. See the USCIS website at www.uscis.gov/i-102 for more information. USCIS does charge a fee for Form I-102. See Form G-1055, available at www.uscis.gov/forms, for specific information about the fees applicable to this form.
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 or if you have overstayed any legal status (as a visitor, student, etc.).
Part 2. Additional Information About You
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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.
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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.
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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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Specific Instructions for Form I-918
This petition is divided into Parts 1. - 9. The following information should help you fill out the petition
You must also file Form I-918, Supplement B that was completed and signed by a certifying official. (See the Form I-918, Supplement B Instructions for more information.) You must submit a signed Form I-918, Supplement B with the initial Form I-918 petition package, and the Form I-918, Supplement B must have been signed within the 6 months immediately preceding filing of the petition. The Form I-918, Supplement B should be submitted to USCIS in an envelope sealed by the certifying agency, if possible. If the Form I-918, Supplement B is not attached, USCIS will deny your Form I-918 and your petition will not be deemed bona fide for purposes of the Bona Fide Determination Employment Authorization Document (EAD).
You must provide a signed personal statement describing the facts of your victimization as a result of the qualifying criminal activity and the substantial physical and or mental abuse it caused you. See instructions for Part 4., Victim Personal Statement and the General Instructions.
You should also submit any information you want USCIS to consider when determining your eligibility for U nonimmigrant status.
NOTE TO ALL PRINCIPAL PETITIONERS: If you fail to submit required documents listed in the Instructions or properly complete this petition, USCIS may reject or deny your petition and your petition will not be deemed bona fide for purposes of the Bona Fide Determination EAD. Additionally, your qualifying family member’s petition will not be deemed bona fide for purposes of the Bona Fide Determination Employment Authorization Document.
NOTE: Principal petitioners and their qualified family members living in the United States should submit Form I-765 with Form I-918 and Form I-918 Supplement A for the most efficient processing of a Bona Fide Determination EAD.
Part 1. Information About You (Person filing this petition as a victim)
Item Number 1. Provide your full legal name. Do not provide a nickname.
Item Number 2. Other Names Used Since Birth. Provide any other names you have used since birth, including aliases, maiden names, and nicknames.
Item Number 3. Current Physical 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 (PO Box) number here.
Item Number 4. Current Mailing Address (Safe Mailing Address). If you do not feel safe in receiving correspondence regarding this petition at your physical address, you may provide a valid mailing address. You may provide a P.O. 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. This includes mailing addresses that are inside or outside the United States. If your mail is sent to someone other than yourself, please include an “In Care Of Name” as part of your mailing address. If your U.S. mailing address is in a U.S. territory and it contains an urbanization name, list the urbanization name in the “In Care Of Name” space provided. If you do not provide a mailing address in this field, USCIS may send correspondence to the physical address listed in Item Number 3.
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Item Number 5. Consular or Inspection Facility Information. U.S. Consulate or Inspection Facility Where You Want Notification Regarding this Petition Sent. If you are living outside the United States, select the type of office that will receive notification of this petition. Provide the address of the office that will receive notification of this petition.
Item Number 6. Alien Registration Number (A-Number) (if any). Provide your A-Number. USCIS uses your A-Number to identify your immigration records. It begins with an “A” and can be found on correspondence you have received from the Department of Homeland Security (DHS) or USCIS. If you do not have an A- Number, type or print “N/A.
Item Number 7. USCIS Online Account Number (if any). You will only have a USCIS Online Account Number (OAN ) if you previously filed a form that has a receipt number that begins with IOE. If you filed the form online, you can find your OAN in your account profile. If you mailed us the form, you can find your OAN at the top of the Account Access Notice we sent you. If you do not have a receipt number that begins with IOE, you do not have an OAN. The OAN is not the same as an A-Number. If you do not have an OAN, type or print “N/A.
Item Number 8. U.S. Social Security Number (if any). Provide your U.S. Social Security Number. If you do not have a U.S. Social Security Number, type or print “N/A”.
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Item Number 9. Gender. Indicate how you identify. Based on your selection, a gender of “M” (male), “F” (female) or “X” (another gender identity) will be reflected on your secure documents if your petition is approved.
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. City/Town, State/Province, and Country of Birth. Provide the name of the city/town, state/province, and country where you were born.
Item Number 12. Country of Citizenship or Nationality. Provide the name of the country where you are a citizen and/or national. This is not necessarily the country where you were born. If you do not have citizenship in any country, type or print “stateless” and provide an explanation in Part 8. Additional Information.
Item Number 13. Marital Status. Select the appropriate box.
Item Number 14. Passport and Travel Document Numbers. Indicate whether you have a valid passport or travel document. Please submit a copy of the biographical page(s) of your passport or travel document, even if the passport or travel document is currently expired.
Item Number 15. Form I-94 Arrival/Departure Record. Indicate whether U.S. Customs and Border Protection (CBP) or USCIS issued you a Form I-94, Arrival/Departure Record. If you were issued a Form I-94, please submit a copy of the document with your petition.
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Part 2. Additional Information and General Inadmissibility Grounds
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Item Numbers 1. - 31. You must answer each question. If you answer “Yes” to any of the questions (or if you answer “No,” but are unsure of your answer), you must provide an explanation in the space provided in Part 8. Additional Information.
If you answer “Yes,” to Item Number 2., select the type of proceedings. If you were in proceedings in the past and are no longer in proceedings, provide the date of action in the appropriate date field. If you are currently in proceedings, select the box next to “Present.” Use the space provided in Part 8. Additional Information to provide an explanation.
Item Numbers 7. - 31. You must answer “Yes” to any question that applies to you, even if your records were sealed or otherwise cleared or even if anyone, including a judge, law enforcement officer, or attorney, said you no longer have a record. You must also answer “Yes” to the following questions whether the action or offense occurred in the United States or anywhere else in the world. If you answer “Yes” to Item Numbers 7. - 31., use the space provided in Part 8. Additional Information to provide an explanation that includes why you were arrested, cited, detained, or charged; where you were arrested, cited, detained, or charged; when (date) the event occurred; and the outcome or disposition (for example, no charges filed, charges dismissed, jail, probation, community service).
NOTE: Answering "Yes" does not mean that USCIS will automatically deny your Petition for U Nonimmigrant Status.
Certified Police and Court Records of Criminal Charges, Arrests, or Convictions
Submit certified police and court records for any criminal charges, arrests, or convictions you may have.
A. If you were EVER arrested or detained by a law enforcement officer for any reason anywhere in the world, including the United States, and no criminal charges were filed, you should submit:
(1) An original or certified copy of the complete arrest report; and
(2) Either an official statement by the arresting or detaining agency or prosecutor’s office OR an applicable court order that indicates the final disposition of your arrest or detention;
B. If you were EVER charged for any reason (even if you were not arrested) anywhere in the world, including the United States, you should submit:
(1) An original or certified copy of the complete arrest report; and
(2) Certified copies of BOTH the indictment, information, or other formal charging document AND the final disposition of each charge (for example, a dismissal order or acquittal order);
C. If you were EVER convicted or placed in an alternative sentencing or rehabilitative program (such as probation, drug treatment, deferred adjudication, or community service program) anywhere in the world, including the United States, you should submit:
(1) An original or certified copy of the complete arrest report;
(2) Certified copies of the following: the indictment, information, or other formal charging document; any plea agreement, whether in the form of a court filing or recording in a hearing transcript; and the final disposition for each incident (for example, conviction record, deferred adjudication order, probation order); and
(3) Either an original or certified copy of your probation or parole record showing that you completed the mandated sentence, conditions set for the deferred adjudication, or rehabilitative program OR documentation showing that you completed the alternative sentencing or rehabilitative program; or
D. If you EVER had any arrest or conviction vacated, set aside, sealed, expunged, or otherwise removed from your record anywhere in the world, including the United States, you should submit:
(1) An original or certified copy of the complete arrest report; the indictment, information, or other formal charging document; any plea agreement, whether in the form of a court filing or recording in a hearing transcript; and the final disposition for each incident (for example, conviction record, deferred adjudication order, probation order); and
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(2) A certified copy of the court order vacating, setting aside, sealing, expunging, or otherwise removing the arrest or conviction.
You must disclose all arrests and charges, even if the arrest occurred when you were a minor. An adjudication of juvenile delinquency is not a “conviction” under U.S. immigration law, but a juvenile can be charged as an adult for an offense committed while a juvenile. If you were convicted as an adult, there is a conviction, regardless of whether you were tried before a criminal court or a juvenile court. An adjudication of juvenile delinquency could also be relevant to the exercise of discretion. If you claim that an arrest resulted in adjudication of delinquency, and not in a conviction, you should submit a copy of the court document that establishes this fact.
In general, you do not need to submit documentation relating to traffic fines and incidents that did not involve an actual physical arrest if the penalty was only a fine of less than $500 or points on your driver’s license. However, you must submit such documentation if the traffic incident resulted in criminal charges or involved alcohol, drugs, or injury to a person or property.
If you are not able to obtain certified copies of any police or court records relating to Items A. – D., please submit:
A. An explanation of why the documents are not available, including (if possible) a certificate from the custodian of the documents explaining why the documents are not available; or
B. Any credible evidence relating to the disposition of the case.
Your Arrival(s) and Departure(s) If you answered “Yes” to Item Numbers 4. - 6., use the space provided in Part 8. Additional Information to provide an explanation and list each arrival and departure you have made to and from the United States since April 1, 1997. Include dates, locations, and manner of each entry (for example: Entered Without Inspection, B1/B2, F1, Border Crossing Card, etc.).
This information is being requested so that USCIS can identify any potential inadmissibility concerns. Submit any relevant supporting evidence, including copies of travel documents and arrival/departure records.
Item Number 17. NOTE: Human trafficking and human smuggling are distinct crimes. Trafficking is a crime committed against a person and does not require crossing a country’s border. Smuggling is a crime committed against a country’s immigration laws and border and involves the willful movement of a person across a country’s border. A severe form of trafficking in persons is defined as:
A severe form of trafficking does not require crossing a country’s border or movement of the victim across a border. In contrast, smuggling involves the willful movement of a person across a country’s international border, and is an offense committed in violation of a country’s immigration laws.
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Part 3. Biographic Information. Provide the biographic information requested. Providing this information as part of your petition may reduce the time you spend at your USCIS ASC appointment as described in the Biometric Services Appointment section of these Instructions.
A. Ethnicity and Race. Select the boxes that best describe your ethnicity and race.
B. Categories and Definitions for Ethnicity and Race
(1) Hispanic or Latino. A person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race. (NOTE: This category is only included under Ethnicity in Part 3., Item Number 1.)
(2) American Indian or Alaska Native. A person having origins in any of the original peoples of North and South America (including Central America), and who maintains tribal affiliation or community attachment.
(3) Asian. A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam.
(4) Black or African American. A person having origins in any of the black racial groups of Africa.
(5) Native Hawaiian or Other Pacific Islander. A person having origins in any of the original peoples of Hawaii, Guam, Samoa, or other Pacific Islands.
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(6) White. A person having origins in any of the original peoples of Europe, the Middle East, or North Africa.
C. Height. Select the values that best match your height in feet and inches. For example, if you are five feet and nine inches, select “5” for feet and “09” for inches. Do not enter your height in meters or centimeters.
D. Weight. Enter your weight in pounds. If you do not know your weight or need to enter a weight under 30 pounds or over 699 pounds, enter “000.” Do not enter your weight in kilograms.
E. Eye Color. Select the box that best describes the color of your eyes.
F. Hair Color. Select the box that best describes the color of your hair.
Safe Daytime Telephone Number. If you do not feel secure receiving telephone calls regarding this petition at your home, provide a “safe telephone number” in Item Number 4. This number may be for a friend, your attorney, a community-based organization, or any other number where you can safely and punctually receive a call or a message.
Part 4. Victim Personal Statement. You must provide a signed personal narrative statement describing the facts of the victimization that occurred as a result of the qualifying criminal activity. You may submit your signed personal statement in the space provided in Part 4. of the Form I-918 or submit a separate signed statement. If your personal statement is attached, please write “See Attached” in the space provided. If you need extra space to complete this section, use the space provided in Part 9. Additional Information for Victim Personal Statement. Please see General Requirements, Part 2. Victim Personal Statement for more information about what details to include in your Victim Personal Statement.
NOTE: 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.
Part 5. Petitioner’s Contact Information, Certification, and Signature
You must sign and date your petition and, if applicable, provide your daytime telephone number, mobile telephone number, and email address. The signature of a parent or legal guardian, if applicable, is acceptable. A stamped or typewritten name in place of a signature is not acceptable.
Part 6. Interpreter’s Contact Information, Certification, and Signature
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 and sign and date the petition.
Part 7. Contact Information, Declaration, and Signature of the Person Preparing this Petition, if Other Than the Petitioner
The person who completed your petition, if other than the petitioner must sign this section. If the same individual acted as your interpreter and your preparer, then that person should complete both Part 6. and Part 7. A stamped or typewritten name in place of a signature is not acceptable.
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We recommend that you print or save a copy of your completed petition for your records.
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Pages 7-10, Specific Instructions for Supplement A, Petition for Qualifying Family Member of U-1 Recipient |
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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.
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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.
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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.
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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.
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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 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.
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 website 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 website without charge. If your family member’s Form I-94 cannot be obtained from the CBP website, it may be obtained by filing Form I-102 with USCIS. USCIS does charge a fee for this service.
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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.
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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.
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Part 5. Processing Information
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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.
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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.
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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.
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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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Specific Instructions for Form I-918, Supplement A, Petition for Qualifying Family Member of U-1 Recipient
You must complete Form I-918, Supplement A for each family member for whom you are filing. You may file Form I-918, Supplement A with your initial Form I-918 or at any time prior to filing for adjustment of status through Form I-485. Note that the relationship between you and the qualifying family member must exist at the time your Form I-918 is adjudicated; at the time the Form I-918, Supplement A for your qualifying family member is filed and adjudicated; and continue to exist at the time of your qualifying family member’s subsequent admission to the United States. If you are filing Form I-918, Supplement A after filing your initial Form I-918, you do not need to resubmit evidence that you submitted with the initial petition.
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Qualifying family members can be divided into two categories based on your age on the date that USCIS receives your Form I-918:
A. If you are under 21 years of age on the date we receive your Form I-918, the qualifying family members for whom you may file for are your:
(1) Spouse;
(2) Unmarried children under 21 years of age;
(3) Parents; and/or
(4) Unmarried siblings under 18 years of age.
NOTE: USCIS will consider your sibling as a qualifying family member even if you are no longer under 21 years of age when your petition is adjudicated by USCIS, and even if your sibling is no longer under 18 years of age at the time of adjudication.
B. If you are over 21 years of age on the date we receive your Form I-918, the qualifying family members for whom you may file for are your:
(1) Spouse; and/or
(2) Unmarried children under 21 years of age.
NOTE: If your unmarried child is under 21 years of age at the time you file your Form I-918, they will remain a qualifying family member if they turn 21 years of age while your Form I-918 is pending.
Part 1. Filing Information
Item Numbers 1. - 2. Select the applicable box.
Item Number 3. Select the applicable box.
Part 2. General Information About You (Principal Petitioner (Victim))
Item Number 1. Provide your full legal name. Do not provide a nickname.
Item Number 2. Current Physical 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 (PO Box) number here.
Item Number 3. Current Mailing Address (Safe Mailing Address). If you do not feel safe in receiving correspondence regarding this petition at your physical address, you may provide a valid mailing address. You may provide a P.O. 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. This includes mailing addresses that are inside or outside the United States. If your mail is sent to someone other than yourself, please include an “In Care Of Name” as part of your mailing address. If your U.S. mailing address is in a U.S. territory and it contains an urbanization name, list the urbanization name in the “In Care Of Name” space provided. If you do not provide a mailing address in this field ,USCIS may send correspondence to the physical address listed in Item Number 2.
Item Number 4. U.S. Consulate or Inspection Facility Where You Want Notification Regarding this Petition Sent. If you are living outside of the United States, select the type of office that will receive notification of this petition. Provide the address of the office that will receive notification of this petition if other than safe foreign mailing address.
Item Number 5. 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 6. Alien Registration Number (A-Number) (if any). Provide your A-Number. USCIS uses your A-Number to identify your immigration records. It begins with an “A” and can be found on correspondence you have received from the Department of Homeland Security (DHS) or USCIS. If you do not have an A-Number, type or print “N/A.”
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Item Number 7. USCIS Online Account Number (if any). You will only have a USCIS Online Account Number (OAN ) if you previously filed a form that has a receipt number that begins with IOE. If you filed the form online, you can find your OAN in your account profile. If you mailed us the form, you can find your OAN at the top of the Account Access Notice we sent you. If you do not have a receipt number that begins with IOE, you do not have an OAN. The OAN is not the same as an A-Number. If you do not have an OAN, type or print “N/A.”
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Part 3. Information About Your Qualifying Family Member
Item Number 1. Full Legal Name of Qualifying Family Member. Provide their full legal name. Do not provide a nickname.
Item Number 2. Other Names Used. Provide all the names your qualifying family member has used, including their maiden name, nicknames, and aliases, if applicable. If you need extra space to complete this section, use the space provided in Part 8. Additional Information.
Item Number 3. Current or Intended Physical Address in the United States. Provide your qualifying family member’s current or 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.
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Item Number 12. Passport and Travel Document Numbers. Indicate whether your qualifying family member has a valid passport or travel document. Please submit a copy of the biographical page(s) of their passport or travel document, even if the passport or travel document is currently expired.
Item Number 13. Form I-94 Arrival/Departure Record. Indicate whether CBP or USCIS issued your qualifying family member a Form I-94, Arrival/Departure Record. If they were issued a Form I-94, please submit a copy of the document with the Form I-918A.
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NOTE: If your qualifying family member was admitted to the United States by CBP at an airport or seaport after April 30, 2013, CBP may have issued them an electronic Form I-94 instead of a paper Form I-94. Please follow the instructions above to obtain a paper version of an electronic Form I-94.
Part 4. Additional Information About Your Qualifying Family Member
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Item Numbers 1. - 4. If your qualifying family member was previously married, list the names of your qualifying family member’s prior spouses and the dates their marriages were terminated, if applicable. You must attach documentation such as divorce decrees or death certificates. If you need extra space to complete this section, use the space provided in Part 8. Additional Information.
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Item Number 5. Employment Authorization Document. If you answered "Yes," to Item Number 5., submit Form I-765, Application for Employment Authorization Document, with this Supplement A or separately. If your qualifying family member is living outside the United States, they are NOT eligible to receive employment authorization until they are lawfully admitted to the United States. Do NOT file Form I-765 for a qualifying family member living outside the United States.
Part 5. Arrival/Departure Information and General Inadmissibility Grounds
Immigration laws specify acts, conditions, and conduct that can make someone ineligible for lawful status. These acts, conditions, and conduct are outlined in INA section 212(a) and are called grounds of inadmissibility. For more information on grounds of inadmissibility for specific immigration categories, visit USCIS Policy Manual https://www.uscis.gov/policy-manual/volume-8.
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Item Numbers 1. - 30. You must answer each question on behalf of your qualifying family member. If you answer “Yes” to any of the questions, (or if you answer “No,” but are unsure of your answer) you must provide an explanation of the events and circumstances in the space provided in Part 10. Additional Information.
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For the purposes of this supplement, you must answer "Yes" to the following questions, if applicable, even if your qualifying family member's records were sealed or otherwise cleared or if anyone, including a judge, law enforcement officer, or attorney, told your qualifying family member that they no longer have a record. For the purposes of this supplement, you must answer "Yes" to Item Numbers 1. - 30., if applicable, even if your qualifying family member's records were sealed or otherwise cleared or if anyone, including a judge, law enforcement officer, or attorney, told your qualifying family member that they no longer have a record.
Your Qualifying Family Member’s Arrival(s) and Departure(s) If you answered yes to Item Numbers 4. - 6., use the space provided in Part 10. Additional Information to provide an explanation and list each arrival and departure that your qualifying family member has made to and from the United States since April 1, 1997. Include dates, locations, and manner of each entry (for example: Entered Without Inspection, B1/B2, F1, Border Crossing Card, etc.). This information is being requested so that USCIS can identify any inadmissibility concerns. Submit any relevant supporting evidence, including copies of travel documents and arrival/departure records.
Part 6. Biographic Information. Provide the biographic information requested. Providing this information as part of your petition may reduce the time your qualifying family member spends at their USCIS ASC appointment as described in the Biometric Services Appointment section of these Instructions.
Part 7. Principal Petitioner’s Contact Information, Certification, and Signature
You must sign and date your supplement and, if applicable, provide your daytime telephone number, mobile telephone number, and email address. The signature of a parent or legal guardian, if applicable, is acceptable. A stamped or typewritten name in place of a signature is not acceptable.
Principal petitioners and qualifying family members (or parent or legal guardian, if applicable) who are physically present in the same country must both sign the Supplement A. If principal petitioners and qualifying family members (or parent or legal guardians) are not both physically present in the same country, just the principal petitioner must sign the Supplement A.
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Part 8. Interpreter’s Contact Information, Certification, and Signature
If you 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 and sign and date the supplement.
Part 9. Contact Information, Declaration, and Signature of the Person Preparing this Supplement, if Other Than the Petitioner
The person who completed your supplement, if other than the petitioner, must sign this section. If the same individual acted as your interpreter and your preparer, then that person should complete both Part 8. and Part 9. A stamped or typewritten name in place of a signature is not acceptable.
Part 10. Additional Information
If you need extra space to provide any additional information within this supplement, use the space provided in Part 10. Additional Information. If you need more space than what is provided in Part 10., you may make copies of Part 10. to complete and file with your supplement, or attach a separate sheet of paper. Type or print 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.
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Pages 11-15, General Requirements |
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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.
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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;
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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.
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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.
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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.
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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.
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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.
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;
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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;
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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General Requirements
Required Initial Evidence to Support Form I-918
You must include the following initial evidence with your Form I-918.
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NOTE: Submit primary evidence whenever possible.
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1. Form I-918, Supplement B. You must submit an original and timely executed Form I-918, Supplement B certification with your Form I-918. The Form I-918, Supplement B should be properly sealed by the certifying agency, if possible. If the Form I-918, Supplement B is not attached USCIS will reject your petition.
See the Form I-918, Supplement B Instructions for important information and submission requirements.
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 detection, 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. Victim Personal Statement. In order to establish that you meet met the eligibility requirements for U nonimmigrant status, principal petitioners must submit a signed personal statement describing the facts of your victimization. Provide specific details describing the qualifying criminal activity, including:
A. The nature of the qualifying criminal activity;
B. When the qualifying criminal activity occurred;
C. Who was responsible for the qualifying criminal activity;
D. The events surrounding the qualifying criminal activity;
E. How the qualifying criminal activity came to be detected, investigated or prosecuted; and
F. How you have been, are being, and/or are likely to be helpful in the investigation or prosecution of the qualifying criminal activity
G. What requests (if any) you have received from law enforcement to assist in the detection, investigation, or prosecution of the qualifying criminal activity and how you have responded to those requests;
H. What substantial physical and/or mental abuse you suffered as a result of the qualifying criminal activity.
NOTE: When the petitioner is under 16 years of age at the time of at least one of the acts constituting the qualifying criminal activity that took place, incapacitated, or incompetent; a parent, guardian, or next friend may submit a statement on behalf of the victim. The statement should contain facts that establish all eligibility requirements as outlined above.
3. Evidence to Support Your Eligibility
You must submit evidence that meet the eligibility requirements discussed in detail below. A non-exhaustive list of the types of supporting evidence you may submit includes, but is not limited to:
A. Trial transcripts;
B. Court documents, including orders of protection;
C. Police reports;
D. Copies of email communication with a certifying agency related to your qualifying criminal activity;
E. Medical records or reports;
F. Photos of any visible injuries that you suffered as a result of being a victim of qualifying criminal activity;
G. Reports and/or affidavits from judges and other court officials, medical personnel, school officials, clergy, social workers, and other social service personnel;
H. Copies of reimbursement forms for travel to and from court;
I. Employee contracts, payroll documentation, work schedules, or communication with/from an employer;
J. Affidavits from witnesses, acquaintances, or family members who have personal knowledge of the facts regarding your qualifying criminal activity; and
K. News articles.
NOTE: Whenever possible, affidavits and reports from medical professionals (such as doctors, therapists, mental health evaluators and providers, etc.) should:
A. Be on official letterhead; B. Include the medical professional’s office address and contact information; and C. Include the medical professional’s curriculum vitae or resume. D. Include a handwritten signature from the medical professional. USCIS will consider a photocopied, faxed, or scanned copy of an original handwritten, ink signature valid. The photocopy, fax, or scan should be of the original document containing the handwritten, ink signature.
You may use one document to demonstrate more than one element of your claim.
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4. 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. Your Form I-918, Supplement B and personal statement help to establish this eligibility requirement. In addition, include any supporting evidence you want USCIS to consider. Refer to the non-exhaustive list of suggested forms of supporting evidence under “Evidence to Support Your Eligibility.”
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5. Evidence You Have Suffered Substantial Physical or Mental Abuse. You must present credible evidence that demonstrates you, as a result of being a victim of qualifying criminal activity, have suffered substantial physical or mental abuse. Your Form I-918, Supplement B and your personal statement help to establish this eligibility requirement. In addition, include any supporting evidence that you would like USCIS to consider when adjudicating your petition. Refer to the non-exhaustive list of suggested forms of supporting evidence under “Evidence to Support Your Eligibility.”
The evidence must show the nature, severity, and duration of the abuse you suffered. Factors we will consider to determine whether the abuse is substantial include:
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No single factor is a prerequisite to establish that the abuse suffered was substantial, nor does the existence of one or more factors automatically create a presumption that the abuse was substantial. If the qualifying criminal activity caused the aggravation of a pre-existing physical or mental injury, we will consider that aggravation in evaluating whether the harm constitutes substantial physical or mental abuse.
If the qualifying criminal activity involved a series of acts or occurred repeatedly over a period of time, document the pattern of abuse. We will consider the abuse in its totality. We 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 detailed, specific, and credible evidence, particularly when documenting a pattern of abuse.
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6. Evidence You Possess Information Concerning Qualifying Criminal Activity. You must submit evidence demonstrating you possess credible and reliable information concerning the qualifying criminal activity, including specific facts about the qualifying criminal activity and events leading up to the victimization. The evidence you submit must demonstrate that you have specific details concerning the criminal activity that are helpful, have been helpful, or will be helpful in the detection, investigation, or prosecution of that criminal activity.
Your Form I-918, Supplement B and your personal statement help to establish this eligibility requirement. In addition, you may include any supporting evidence you would like USCIS to consider when adjudicating your petition. Refer to the non-exhaustive list of suggested forms of supporting evidence under “Evidence to Support Your Eligibility.”
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7. Evidence of Helpfulness. You must submit credible evidence demonstrating that you were, are, or are likely to be helpful to a certifying official in the detection, investigation, or prosecution of the qualifying criminal activity of which you are a victim.
The evidence you submit should provide specific details about your assistance in the detection, investigation, and/or prosecution of your qualifying criminal activity. No single factor is a prerequisite to establish that you are, have been, or will be helpful, nor does the existence of one or more factors automatically create a presumption that you have not been helpful.
In determining whether the victim is, has been, or will be helpful, USCIS considers the facts of each case, including, but not limited to:
A. The level of assistance that the certifying agency requests of you;
B. Your responsiveness to requests from the certifying agency for assistance;
C. The certifying agency’s ability to proceed with an investigation and/or prosecution based on your helpfulness, or lack thereof, when reasonably requested; and
D. Your individual circumstances (such as age/maturity, trauma, etc.).
U visa statute and regulations do not set a specific statute of limitations for signing the Form I-918B, or require that a case must have progressed to a certain stage (for example, prosecution or conviction).
NOTE: A victim of a qualifying criminal activity seeking U nonimmigrant status must provide ongoing assistance with the investigation and prosecution related to their qualifying criminal activity when reasonably requested, including after reporting a crime and after the certifying agency signs Form I-918, Supplement B. This responsibility continues even if the victim is granted U nonimmigrant status. A victim who does not continue to comply with reasonable requests for assistance will not be eligible for lawful permanent residence based on U nonimmigrant status.
You may use Form I-918, Supplement B and your personal statement to help establish this eligibility requirement. Include any additional supporting evidence you would like us to consider when adjudicating your petition. Refer to the non-exhaustive list of suggested forms of supporting evidence under “Evidence to Support Your Eligibility.”
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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:
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8. Evidence that 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 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 Form I-918, Supplement B to help establish this eligibility requirement and include any additional supporting evidence you would like us to consider when adjudicating your petition. Examples of such additional evidence include, but are not limited to:
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9. Waiver of Grounds of Inadmissibility. To be eligible for U nonimmigrant status, you must be admissible to the United States. If you answered “Yes” to any of the questions in Part 2. of Form I-918 and/or if your qualifying family member answered “Yes” to any of the questions in Part 5. of Form I-918, Supplement A, we may deem you and/or your qualifying family members inadmissible. To address inadmissibility issues, you and/or your qualifying family member should seek a waiver of inadmissibility by submitting Form I-192, Application for Advance Permission to Enter as a Nonimmigrant, at the time you file your Form I-918 or Form I-918, Supplement A.
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 qualifying family members are not eligible for U nonimmigrant status unless USCIS waives the ground of inadmissibility.
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Form I-918, Supplement A and Evidence to Support Supplement A
You must include the following evidence to establish derivative U nonimmigrant status on Form I-918, Supplement A.
1. A completed Form I-918, Supplement A for each qualifying family member you want included on your Form I-918.
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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 you were not legitimated before you reached 18 years of age, also see Items C., G., and H. in this section;
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3. Unavailable Documents. If the required documents are not available, submit a statement explaining why this evidence is not available and provide secondary evidence such as the following:
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Page 15, Where To File? |
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Where To File?
Please see our website at www.uscis.gov/I-918 for the most current information about where to file Form I-918 and Supplement A.
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Where To File?
Please see our website at www.uscis.gov/I-918 for the most current information about where to file this petition.
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Page 15, Address Change |
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Address Change
A petitioner who is not a U.S. citizen must notify USCIS of their new address within 10 days of moving from their previous residence. For information on changing your address, go to our website at www.uscis.gov/addresschange, or contact the USCIS Contact Center.
NOTE: Do not submit a change of address request to the USCIS Lockbox.
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Employment Authorization for Approved U Nonimmigrant Petitioners
If you are currently living in the United States and your Form I-918 is approved, you will receive employment authorization. Do not file Form I-765, Application for Employment Authorization, if we have already approved your petition. We will automatically issue you an EAD.
NOTE: Principal petitioners living outside the United States are not eligible to receive employment authorization until they lawfully enter the United States as U nonimmigrants.
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Employment Authorization for Approved U Nonimmigrant Qualifying Family Members
Approved qualifying family members are also employment authorized, and will receive an EAD upon request. We will not automatically issue an EAD to them. If they wish to obtain an EAD, they must file Form I-765.
NOTE: Qualifying family members living outside the United States are not eligible to receive employment authorization until they lawfully enter the United States as U nonimmigrants. Do not file Form I-765 for a qualifying family member who is outside the United States. After lawfully entering the United States as U nonimmigrants, qualifying family members should then file Form I-765 to obtain an EAD.
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Employment Authorization for Petitioners and Qualifying Family Members with Pending, Bona Fide Petitions
If USCIS determines a principal petitioner living in the United States has a pending, bona fide petition, and the principal petitioner merits a favorable exercise of discretion, we may issue employment authorization under INA section 214(p)(6) and a grant of deferred action while the petitioner awaits availability under the statutory cap. We evaluate qualifying family members’ petitions for a Bona Fide Determination (BFD) after evaluating the principal petition.
If a principal petitioner or qualifying family member living in the United States has not filed a Form I-765, USCIS will issue a notice indicating that they have received a BFD and may receive a BFD EAD. To obtain a BFD EAD, the principal petitioner and qualifying family member must each file a Form I-765.
NOTE: Principal petitioners and qualifying family members living outside the United States will not receive employment authorization under the BFD process. If the statutory cap has been met, principal petitioners and their qualifying family members living outside of the United States will be adjudicated for placement on the waiting list in receipt date order.
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Employment Authorization for Petitioners and Qualifying Family Members on the U Nonimmigrant Status Waiting List
USCIS may issue employment authorization based on the grant of deferred action for those noncitizens who did not receive a BFD and were placed on the waiting list after their petition has been reviewed. Principal petitioners and qualifying family members living outside the United States cannot receive deferred action or employment authorization under the waiting list process. |
Pages 18-20, Processing Information |
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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 properly complete this petition or supplement, you will not establish a basis for your eligibility and we may reject or deny your Form I-918 or Supplement A.
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Requests for More Information. USCIS 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. If we request an original document from you, we will return it after USCIS determines it is 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. During your interview, USCIS may require you and/or your family member to provide your biometrics 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.
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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 our 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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Processing Information
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Initial Processing. Once USCIS accepts your Form I-918 or Form I-918, Supplement A, we will check it for completeness. If you do not properly complete this petition or supplement, you will not establish a basis for your eligibility and we may reject or deny your Form I-918 or Form I-918, Supplement A.
We will reject any Form I-918 or Form I-918, Supplement A that is not signed and properly completed. We will reject or deny any Form I-918 submitted with a Form I-918, Supplement B that is not signed.
If we reject your filing, you may correct the deficiency and resubmit Form I-918, Form I-918, Supplement A, and Form I-918, Supplement B. A petition or supplement is not considered properly filed until we accept it.
Requests for More Information. USCIS may request that you provide more information or evidence to support your Form I-918 or Form I-918, Supplement A. We also may request you provide the originals of any copies you submit. If we request an original document from you, we will return it after USCIS determines it is no longer needed.
Requests for Interview. We may request that you and/or your qualifying family member appear at a USCIS office for an interview based on your petition or supplement. During your interview, USCIS may require you and/or your qualifying family member to provide your biometrics to verify your identity and/or update background and security checks.
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Decision. The decision on Form I-918 and Form I-918, Supplement A involves a determination of whether you have established eligibility for the immigration benefit you are seeking. USCIS will notify you of our decision in writing.
Prohibition on Disclosure of Information. Special protections (described at 8 U.S.C. section 1367 and 8 CFR 214.14(e)) apply to you as a petitioner for U nonimmigrant status, including any qualifying family members. The first form of this protection is a prohibition on adverse determinations against you based on information provided solely by the perpetrator of the qualifying criminal activity and other prohibited sources. The second form of protection under this statute is a prohibition on unauthorized disclosure of any information about you to third parties, except to an officer or employee of the Department of Homeland Security (DHS), the Department of Justice (DOJ), or the Department of State (DOS) who has a need to know the information. The disclosure of any information relating to you and/or your qualifying family member beyond DHS, DOJ, or DOS to anyone other than you or your authorized representative is prohibited except in certain limited circumstances as provided by law.
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Page 16, USCIS Forms and Information |
[Page 16]
USCIS Forms and Information
To ensure you are using the latest version of Form I-918 and Supplement A, visit www.uscis.gov.
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[Page 18]
USCIS Forms and Information
To ensure you are using the latest version of Form I-918 and Form I-918, Supplement A, visit www.uscis.gov.
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Page 16, Penalties |
[Page 16]
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 18]
Penalties
If you knowingly and willfully falsify or conceal a material fact or submit a false document with your Form I-918 and/or Form I-918, Supplement A, we will deny your Form I-918 and/or Form I-918, 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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Pages 16-17, USCIS Privacy Act Statement |
[Page 16]
DHS Privacy Notice
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 19]
DHS Privacy Notice
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), 8 CFR 214.14, and 8 CFR 212.17.
PURPOSE: The primary purpose for providing the requested information on Form I-918 and Form I-918, 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 Form I-918, Supplement A.
ROUTINE USES: DHS may share the information you provide on Form I-918 and Form I-918, 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 19, Paperwork Reduction Act |
[Page 19]
Paperwork Reduction Act
USCIS may not conduct or sponsor an information collection, and you are not required to respond to a collection of information, unless it displays a currently valid Office of Management and Budget (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, Office of Policy and Strategy, Regulatory Coordination Division, 5900 Capital Gateway Drive, Mail Stop #2140, Camp Springs, MD 20588-0009; OMB No. 1615-0104. Do not mail your completed Form I-918 or Supplement A to this address.
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[Page 19]
Paperwork Reduction Act
USCIS may not conduct or sponsor an information collection, and you are not required to respond to a collection of information, unless it displays a currently valid Office of Management and Budget (OMB) control number. The public reporting burden for Form I-918 is estimated at 4.92 hours per response, and the public reporting burden for Form I-918, Supplement A is estimated at 1.25 hours per response, including the time for reviewing instructions, gathering the required documentation and information, completing the Form I-918 and/or Form I-918, Supplement A, preparing statements, attaching necessary documentation, and submitting the Form I-918 and/or Form I-918, Supplement A. 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, Office of Policy and Strategy, Regulatory Coordination Division, 5900 Capital Gateway Drive, Mail Stop #2140, Camp Springs, MD 20588-0009; OMB No. 1615-0104. Do not mail your completed Form I-918 or Form I-918, Supplement A to this address.
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| File Type | application/vnd.openxmlformats-officedocument.wordprocessingml.document |
| Author | Lauver, James L |
| File Modified | 0000-00-00 |
| File Created | 2024-10-07 |