If you are a U-1 Nonimmigrant visa recipient, do you know that you may still petition for and help certain family members obtain lawful status through your U visa approval?
Denice Flores • July 14, 2023
USCIS has a specific application that allows principal U-visa holders (U-1) to petition for family members, even after their U visa was approved. If this petition is approved, the family member can obtain lawful permanent resident (LPR) status in the United States.
Form I-929, Petition for Qualifying Family Member of a U-1 Nonimmigrant can be filed by a principal U visa recipient on behalf of certain family members. If you are the principal U-visa recipient and you are over the age of 21, you may file a petition for your spouse and unmarried children under the age of 21. If you are under the age of 21, you may file a petition for your spouse, unmarried children under the age of 21, and parents.
Here are some requirements that the U-1 nonimmigrant recipient must provide in the petition for his family member(s):
- The principal U visa recipient must either submit the petition, Form I-929, while he holds U-1 status and his adjustment of status application is pending before USCIS, or after his adjustment of status is approved. If his adjustment of status application is pending, he is required to provide a Receipt Notice of his pending application before USCIS. If he holds lawful permanent resident status as a victim of a crime, he should provide a copy of his green card (front and back).
- The principal U visa recipient must establish the relationship between him and his family member(s). For example, if petitioning for a spouse, provide the marriage certificate, and if petitioning for a child or parent, provide the birth certificates.
- The principal U visa recipient must prove that he or the family member will suffer extreme hardship if not allowed to remain in or to enter the U.S. Please note that extreme hardship is evaluated and determined on a case-by-case basis by USCIS. USCIS notes, “You must demonstrate that refusal to allow the family member to remain in or to enter the U.S. would result in a degree of hardship beyond that typically associated with such a removal or refusal.”
- The nature and extent of the physical or mental abuse suffered as a result of having been a victim of a crime;
- The impact of loss of access to the U.S. courts and criminal justice system;
- The likelihood that the perpetrator’s family, friends, or others acting on behalf of the perpetrator in the home country would harm the applicant or the applicant’s children;
- The applicant’s needs for social, medical, mental health, or other supportive services for victims of crimes that are unavailable or not accessible in the home country;
- If the crime was related to domestic violence, the existence of laws and social practices in the home country that punish the applicant or the applicant’s children because they have been victims of domestic violence or have taken the steps to leave an abusive household;
- The perpetrator’s ability to travel to the home country and ability and willingness of authorities in the home country to protect the applicant; and
- The age of the applicant, both at the time of entry and at the time of applying for adjustment of status.
- The principal U visa recipient must establish that discretion should be exercised by USCIS, in favor of the family member(s). USCIS suggests the petition include supporting documentation establishing mitigating equities for the family member(s).
Note, the filing fee to file Form I-929 is $230 and must be paid when submitting the petition with USCIS.
If you believe that you and your family member(s) may qualify for this immigration benefit or if you have any questions about the process, please schedule a consultation with one of our experienced attorneys right away and we will be more than happy to assist you.
This blog is not intended to be legal advice and nothing here should be construed as establishing an attorney client relationship. Please schedule a consultation with an immigration attorney before acting on any information read here.
Denice Flores
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