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
Similar Posts
The U nonimmigrant status (U visa) offers vital protection and legal relief to victims of certain crimes who have suffered mental or physical abuse and are willing to assist law enforcement in the investigation or prosecution of the crime. U visa recipients are granted a work authorization card and can live and work legally in the United States for up to four years, with a path to lawful permanent residency (green card) after having a U visa for three years. The U visa serves as a beacon of hope for survivors of crime who courageously step forward to help law enforcement while navigating their own recovery. Understanding the eligibility criteria and gathering the right documentation is essential to building a strong case. To qualify for a U visa, an applicant must meet all of the following criteria: 1. Victim of a Qualifying Crime You must have been a victim of a qualifying criminal activity , such as: Domestic violence Sexual assault Human trafficking Kidnapping Felonious assault Extortion Witness tampering Other serious offenses A full list of qualifying crimes is provided by U.S. Citizenship and Immigration Services under INA § 101(a)(15)(U). See also: https://www.uscis.gov/humanitarian/victims-of-criminal-activity-u-nonimmigrant-status . 2. Suffered Substantial Physical or Mental Abuse You must demonstrate that you suffered substantial harm as a result of the crime. This may include: Physical injuries Psychological trauma Lasting emotional distress 3. Helpful to Law Enforcement You must be, have been, or are likely to be helpful in the investigation or prosecution of the crime. This includes: Reporting the crime to authorities Cooperating with police or prosecutors Providing information that aids law enforcement efforts A law enforcement certification (Form I-918, Supplement B) is required as proof of this cooperation. 4. The Crime Occurred in the U.S. or Violated U.S. Laws The criminal activity must have: Taken place in the U.S., its territories, or possessions, and Violated U.S. federal, state, or local laws Applicants must also be admissible to the United States. If you are not, based on your immigration history, you may request a waiver using Form I-192 (Application for Advance Permission to Enter as a Nonimmigrant) . Certain qualifying family members may be included in your U visa petition: If you are under 21 years old: Your parents, unmarried siblings under 18, spouse, and children may be eligible to apply with you. If you are 21 years or older: Your spouse and children may qualify to apply with you. Each derivative must meet specific requirements and file appropriate forms. If you have any questions or would like to know more about the U visa eligibility requirements, contact our office to schedule a consultation with one of our experienced immigration attorneys.
If your U visa was approved you may be eligible to apply to become a lawful permanent resident of the United States and become a U.S. citizen! Here is what you need to know
Do you have a pending U visa petition with USCIS? Did you recently marry and want to include your immigrant spouse to your pending U visa petition? No problem. We can assist you with the process.
The U nonimmigrant Status (U Visa) is for victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity.
Once you have connected with a college program, have been admitted to the school, and deemed eligible to compete athletically, you will need to secure an F-1 student visa in order to actually attend your new college and begin your time as a student athlete. The first step in the visa process is to receive your Form I-2
For many talented athletes around the world, U.S. college athletics represent a remarkable opportunity to combine elite athletic competition with higher education. In sports such as basketball, soccer, track and field, and tennis, among others, hundreds of colleges and universities across the United States offer struct
Under the new regulation, if a person filed or files Form I-589, Application for Asylum and for Withholding of Removal after October 1, 2024, and the application remains pending with USCIS for 365 days, the applicant must pay an Annual Asylum Fee (AAF) on the one-year anniversary of his or her filing date.
