Monday, October 3, 2011

Victims of Criminal Activity: U Nonimmigrant Status – FAQ II

Q: Can an Individual Who Has Held U Nonimmigrant Status Eventually Apply for a Green Card (Permanent Residence)?

A: Yes.

• The individual must have been physically present in the United for a continuous period of at least three years since the date of admission as a U nonimmigrant,

• The individual must not have unreasonably refused to provide assistance to law enforcement since receiving a U nonimmigrant visa.

• The certifying agency must determine that the individual's continued presence in the country is justified on humanitarian grounds to ensure continuation of a cohesive family, or is otherwise in the national or public interest.

Q: Can Qualifying Family Members Apply for Permanent Residence (a Green Card)?

A: Yes. There are two ways family members of a U nonimmigrant visa holder can apply for a green card. First, family members who hold a derivative U nonimmigrant visa themselves may be eligible for a green card. Second, certain family members who have never held a derivative U nonimmigrant visa may be eligible for a green card.

Q: What are the Eligibility Requirements for Qualifying Family Members Who Have Never Held U Nonimmigrant Status to be Granted Permanent Resident Status?

A: The law allows USCIS to extend these benefits to spouses, children, and parents based upon their relationship to the principal U ("U-1") nonimmigrant if:

• The qualifying family member was never admitted to the United States in U nonimmigrant status, and

• It is established that either the family member or the U-1 principal applicant would suffer extreme hardship if the qualifying family member is not allowed to remain in or be admitted to the United States.

Q: What are the Procedures for Qualifying Family Members to Apply for Permanent Residency?

A: Family members with derivative U nonimmigrant visas may apply for green cards if the U-1 has met the eligibility requirements for permanent residence and the U-1’s application for adjustment of status was approved, is currently pending, or is filed at the same time.

To apply for a green card, qualifying family members with a derivative U nonimmigrant status must file a Form I-485, Application to Register Permanent Residence or Adjust Status. For detailed instructions and requirements about filing for a green card please refer to special instructions on Form I-485, Supplement E.

To apply for permanent residence for family members who have never held a derivative U nonimmigrant visa, the U-1 status holder must file an immigrant petition on Form I-929, Petition for Qualifying Family Member of a U-1 Nonimmigrant, concurrently or subsequent to filing their Form I-485, Application for Adjustment of Status. If the Form I-929 is approved, qualifying family members in the United States may file a Form I-485. Qualifying family members outside the United States may visit a U.S. embassy or consulate to obtain their immigrant visas.

Q: Can a U-1 Nonimmigrant File a Form I-929, Petition For Qualifying Family Member of a U-1 Nonimmigrant, on Behalf of a Sibling?

A: No, only the spouse, children, and parents (if the petitioner is under 21) of a U-1 nonimmigrant are eligible.

Q: When Can a U-1 Nonimmigrant File a Form I-929 on Behalf of a Qualifying Family Member?

A: U-1 nonimmigrants may file the Form I-929 concurrently with, or at any time after they have filed, their Form I-485 based upon their U status.

Q: Can a Family Member File Their Form I-485 Concurrently With the Form I-929?

A: No. Only the U-1 principle can file their Form I-485 concurrently with the Form I-929.

Q: Can the Form I-929 Be Approved Before the Petitioner’s I-485 Is Approved?

A: No. The petitioner’s I-485 must be approved prior to the approval of the I-929. If the petitioner’s Form I-485 is denied, the Form I-929 will automatically be denied.

Q: Is a Biometric Fee Required for the Form I-929?

A: No. The only fee required is the filing fee.

Q: Can the Filing Fee Be Waived?

A: Yes. If you are unable to pay the filing fee, you may submit a Request for Fee Waiver, Form I-912 (or a written request). For more information about fee waiver guidance, click here.

Q: If the Petition is Approved, What Status Is Given To The Qualified Family Members (Beneficiary)?

A: Approval of the I-929 petition does not confer status upon the beneficiary.

Q: Does Approval of the I-929 Petition Grant Employment Authorization?

A: No. Approval of the petition only makes the beneficiary eligible to apply for adjustment of status.

Q: Is There an Annual Limit on the Number of I-929 Beneficiaries Who Can Be Approved?

A: No. There is no numerical limitation.

Q: Can a T Visa Holder File A Form I-929 on Behalf of His or Her Family Members?

A: No, Form I-929 may only be filed by a U-1 status holder on behalf of eligible family members.

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