1. Who is eligible to file Form I-929?
1. Eligibility to file Form I-929 is limited to certain qualifying family members of a U-1 nonimmigrant who has obtained U nonimmigrant status as a victim of qualifying criminal activity. Specifically, the following individuals may be eligible to file Form I-929:
a. Spouse of a U-1 nonimmigrant.
b. Child of a U-1 nonimmigrant, if the child is unmarried and under 21 years of age.
c. Parent of a U-1 nonimmigrant, if the U-1 nonimmigrant is under 21 years of age.
d. Unmarried sibling under 18 years of age of a U-1 nonimmigrant who is under 21 years of age.
It is important to note that these qualifying family members must demonstrate their relationship to the principal U-1 nonimmigrant and meet other eligibility criteria in order to file Form I-929 and potentially obtain derivative U nonimmigrant status.
2. What is the purpose of Form I-929?
The purpose of Form I-929, Petition for Qualifying Family Member of a U-1 Nonimmigrant, is to allow certain family members of U-1 nonimmigrants, who are victims of qualifying criminal activity in the United States, to seek immigration benefits. By filing Form I-929, a qualifying family member can apply to join the U-1 nonimmigrant in the United States as a derivative beneficiary. This form serves to help keep families together and provide protection and support to individuals who have been victims of certain crimes. The U-1 nonimmigrant visa is specifically designated for victims of qualifying criminal activities such as domestic violence, human trafficking, and other forms of abuse, and their family members may also be eligible for immigration relief through this petition.
3. What is the definition of a qualifying family member for a U-1 nonimmigrant?
A qualifying family member for a U-1 nonimmigrant is defined as the principal U-1 visa holder’s spouse, children, unmarried siblings under the age of 18, parents (if the principal U-1 visa holder is under 21 years old), and any derivative family members who were included in the principal U-1 visa holder’s application. These family members are eligible to apply for derivative U visas through Form I-929, Petition for Qualifying Family Member of a U-1 Nonimmigrant. The purpose of allowing qualifying family members to obtain U visas is to ensure that they receive protection and assistance in the United States, along with the principal U-1 visa holder who is a victim of qualifying criminal activity.
4. What are the supporting documents required to submit with Form I-929?
When submitting Form I-929, Petition for Qualifying Family Member of a U-1 Nonimmigrant, there are several supporting documents that must be included to strengthen the petition:
1. Evidence of the qualifying relationship between the U-1 nonimmigrant and the family member being petitioned for.
2. Proof of the legal status of the U-1 nonimmigrant in the United States.
3. Documentation showing the principal U-1 nonimmigrant’s approval of the Form I-918, Petition for U Nonimmigrant Status.
4. A copy of the principal U-1 nonimmigrant’s Form I-797 Approval Notice.
5. Identity and nationality documentation for the family member being petitioned for.
6. Any other relevant supporting documents that help establish the familial relationship and eligibility for the U visa derivative status.
Submitting a thorough and comprehensive set of supporting documents with Form I-929 is crucial to ensure a successful petition for the qualifying family member of a U-1 nonimmigrant.
5. How long does it take to process Form I-929?
The processing time for Form I-929, Petition for Qualifying Family Member of a U-1 Nonimmigrant, can vary depending on several factors. Generally, the time it takes to process this form can range from several months to over a year. The processing time is influenced by factors such as the current caseload at the USCIS office handling the petition, the complexity of the case, the accuracy and completeness of the submitted documentation, and any requests for further evidence or additional information. Additionally, the USCIS may prioritize certain cases based on urgency or other criteria, which can also impact processing times. It is important for applicants to monitor the USCIS website for updates on processing times and to ensure that all required documentation is submitted correctly to help expedite the process.
6. What are the filing fees for Form I-929?
The filing fee for Form I-929, Petition for Qualifying Family Member of a U-1 Nonimmigrant, is $230 as of October 2021. However, this fee is subject to change, so it is important to check the most recent fee on the official U.S. Citizenship and Immigration Services (USCIS) website before submitting the form. Additionally, there may be other fees associated with the process, such as biometric services fees if applicable. It is crucial to ensure that the correct fee is included with the Form I-929 submission to avoid delays or rejection of the petition.
7. Can the principal U-1 nonimmigrant file Form I-929 for their family members?
1. Yes, the principal U-1 nonimmigrant can file Form I-929, Petition for Qualifying Family Member of a U-1 Nonimmigrant, for their qualifying family members. This form allows certain eligible family members of a U-1 nonimmigrant to gain derivative status and potentially accompany or join the U-1 visa holder in the United States.
2. The qualifying family members who may be eligible for U nonimmigrant status include the spouse, children, unmarried siblings under 18 years of age, and parents of the principal U-1 visa holder.
3. When filing Form I-929, the U-1 nonimmigrant must demonstrate that they meet the requirements for U nonimmigrant status and that their family members qualify for derivative U status. Evidence of the familial relationship, such as birth certificates, marriage certificates, and other supporting documentation, will need to be submitted with the petition.
4. It is important to note that filing Form I-929 does not guarantee approval, and each case will be evaluated based on the individual circumstances and eligibility requirements. Seeking legal assistance or guidance from an experienced immigration attorney can be beneficial in navigating the petition process and ensuring all necessary documentation is provided for a successful application.
8. Can derivative family members of a U-1 nonimmigrant apply for work authorization?
Derivative family members of a U-1 nonimmigrant are eligible to apply for work authorization by filing Form I-765, Application for Employment Authorization. This form allows the qualifying family members, such as spouses, children, and parents of the primary U-1 visa holder, to legally work in the United States. To apply for work authorization, the eligible derivative family members must submit Form I-765 along with supporting documents and the required fee. Once approved, they will receive an Employment Authorization Document (EAD) which grants them permission to work in the U.S. Certain restrictions may apply, and it is essential for derivative family members to comply with the terms and conditions of their work authorization.
1. It’s important for derivative family members of U-1 nonimmigrants to understand that work authorization is not automatic and requires a separate application process.
2. The ability to work legally in the U.S. provides derivative family members with the opportunity to support themselves financially and contribute to their households.
3. Work authorization for qualifying family members is a valuable benefit that comes with being associated with a U-1 nonimmigrant visa holder.
9. Can family members of a U-1 nonimmigrant apply for a green card?
Yes, family members of a U-1 nonimmigrant can apply for a green card under certain circumstances. The U-1 nonimmigrant status is granted to victims of qualifying criminal activities, and their qualifying family members may be eligible to apply for lawful permanent resident status, commonly known as a green card. The process typically involves filing Form I-929, Petition for Qualifying Family Member of U-1 Nonimmigrant, with U.S. Citizenship and Immigration Services (USCIS) to seek approval for the family member to adjust their status to that of a lawful permanent resident. The granting of a green card is subject to meeting specific eligibility requirements, including maintaining U nonimmigrant status and demonstrating admissibility to the United States.
1. The U-1 principal applicant must have been granted U nonimmigrant status.
2. The family member must be included on the principal applicant’s Form I-929 petition.
3. The family member must meet the eligibility criteria for adjustment of status to lawful permanent resident.
4. The U-1 principal applicant’s cooperation with law enforcement in the investigation or prosecution of the qualifying criminal activity may be necessary for the family member’s green card application.
5. It is essential for both the principal U-1 applicant and their qualifying family member to adhere to all requirements set forth by USCIS to successfully obtain lawful permanent resident status.
10. Can family members of a U-1 nonimmigrant travel outside of the United States while their Form I-929 is pending?
Family members of a U-1 nonimmigrant are generally advised not to travel outside of the United States while their Form I-929 is pending for several reasons. First, traveling outside the U.S. can complicate the processing of the Form I-929 petition, as the U.S. Citizenship and Immigration Services (USCIS) may require additional information or documents which could be difficult to provide from overseas. Second, leaving the country during the pendency of the petition could potentially disrupt the continuity of the application process and may lead to delays or other complications. Third, there is a risk that traveling abroad could impact the individual’s immigration status, particularly if they are subject to the grounds of inadmissibility. It is recommended that family members of U-1 nonimmigrants remain in the U.S. until a decision is made on their Form I-929 petition to avoid any potential issues or delays.
11. What happens if a Form I-929 is denied?
If a Form I-929 is denied, the petitioner will receive a written decision from the United States Citizenship and Immigration Services (USCIS) explaining the reasons for the denial. This decision will outline the specific grounds for denial and provide information on any available options for appeal, if applicable. In the event of a denial, the petitioner may consider the following course of actions:
1. Review the denial notice: Carefully read the denial notice provided by USCIS to understand the reasons for the decision.
2. Appeal the decision: If the denial was based on incorrect facts or misinterpretation of the law, the petitioner may have the option to file an appeal with the USCIS Administrative Appeals Office.
3. Reapply with additional evidence: The petitioner may choose to address the reasons for denial by submitting additional documentation or evidence in support of the petition.
4. Seek legal assistance: If facing a denial, it may be helpful to consult with an immigration attorney or accredited representative who can provide guidance on the best course of action.
It is important to act promptly upon receiving a denial notice to address any issues and explore available options for challenging the decision.
12. Are there any eligibility requirements for the qualifying family member?
Yes, there are specific eligibility requirements for a qualifying family member to be eligible for a Form I-929 petition as a family member of a U-1 nonimmigrant in the United States. Here are some key eligibility criteria:
1. Relationship: The qualifying family member must be the spouse, child, or parent of the U-1 nonimmigrant petition beneficiary.
2. Continued Qualification: The relationship must continue to exist and be bona fide.
3. Admissibility: The qualifying family member must not fall under any inadmissibility grounds as per U.S. immigration laws.
4. Support: The U-1 nonimmigrant petitioner must provide evidence that they continue to be eligible for U nonimmigrant status.
Meeting these eligibility requirements is crucial for the successful filing and processing of Form I-929 for a qualifying family member of a U-1 nonimmigrant in the United States.
13. Can a U-1 nonimmigrant’s spouse and children qualify as derivative family members?
Yes, a U-1 nonimmigrant’s spouse and children may qualify to accompany or follow to join the U-1 nonimmigrant as derivative family members under certain circumstances. To be eligible as a derivative family member, the spouse and children must be included in the original U visa petition by the principal U-1 nonimmigrant as qualifying family members. The U-1 principal applicant must demonstrate that the spouse and children meet the criteria for derivative status and show that they are admissible to the United States. In general, the immediate family members of the U-1 nonimmigrant, including their spouse and unmarried children under 21 years of age, may be eligible for derivative U visa status. It is important to consult with an immigration attorney or expert to ensure that all the requirements are met when petitioning for qualifying family members of a U-1 nonimmigrant.
14. Is there a deadline to file Form I-929 after the principal U-1 nonimmigrant is granted U nonimmigrant status?
Yes, there is a deadline to file Form I-929 after the principal U-1 nonimmigrant is granted U nonimmigrant status. The qualifying family member must file Form I-929 within two years of the U nonimmigrant status being granted to the principal U-1 nonimmigrant. It is important to adhere to this deadline to ensure that the qualifying family member can also benefit from derivative status based on the principal U-1 nonimmigrant’s approval. Missing this deadline may result in the inability of the qualifying family member to obtain the immigration benefits associated with U nonimmigrant status.
15. Can a U-1 nonimmigrant apply for Form I-929 on behalf of a sibling?
Yes, a U-1 nonimmigrant can apply for Form I-929 on behalf of a sibling under certain circumstances. In order for a U-1 nonimmigrant to petition for their sibling using Form I-929, the sibling must also qualify as a “qualifying family member” under the U visa regulations. This generally includes siblings of the U-1 principal who are under the age of 21 and unmarried. The sibling must demonstrate that they have suffered harm as a result of qualifying criminal activity and are willing to assist law enforcement in the investigation or prosecution of the crime. Additionally, the U-1 nonimmigrant must have already been granted U nonimmigrant status and be able to provide evidence of the qualifying relationship with the sibling. If these criteria are met, the U-1 nonimmigrant can file Form I-929 to petition for their sibling to obtain derivative U nonimmigrant status.
16. Can a U-1 nonimmigrant extend their status while Form I-929 is pending?
Yes, a U-1 nonimmigrant can generally request an extension of their U nonimmigrant status while the Form I-929, Petition for Qualifying Family Member of a U-1 Nonimmigrant, is pending. To request an extension, the U-1 nonimmigrant must file Form I-539, Application to Extend/Change Nonimmigrant Status, with the U.S. Citizenship and Immigration Services (USCIS) before their authorized stay expires. The U-1 nonimmigrant should include proof of a pending Form I-929 petition for their qualifying family member along with any other required supporting documents to demonstrate eligibility for the extension. It is important to note that the decision to grant an extension of status is within the discretion of the USCIS, and each case is considered on its own merits.
17. What happens if the U-1 nonimmigrant’s family member ages out while Form I-929 is pending?
If a U-1 nonimmigrant’s family member ages out while Form I-929 is pending, the situation can be complex and may impact the individual’s eligibility for derivative U nonimmigrant status. Here are the potential outcomes in such a scenario:
1. The aging-out family member may no longer qualify as a “qualifying family member” for Form I-929 approval.
2. The petition may be denied or rejected if the family member no longer meets the eligibility requirements.
3. If the aging-out family member is no longer eligible for derivative U status, they may need to explore other visa options or paths to legal status in the United States.
4. It is advisable to seek legal counsel to assess the specific circumstances and explore potential alternative options for the family member who aged out during the pending Form I-929 process.
18. Can a U-1 nonimmigrant be removed from the United States if their Form I-929 is denied?
1. Yes, a U-1 nonimmigrant can be removed from the United States if their Form I-929 petition is denied. The U-1 nonimmigrant status is contingent upon the approval of Form I-929, which is the petition for a qualifying family member. If the Form I-929 is denied, it means that the petition to bring their qualifying family member to the United States has been rejected. Without this approval, the U-1 nonimmigrant may no longer meet the requirements for legal stay in the country. As a result, they may be subject to removal proceedings by the U.S. immigration authorities.
2. It is crucial for U-1 nonimmigrants to ensure that their Form I-929 petition is properly prepared and submitted with all required documentation to increase the likelihood of approval. If the petition is denied, seeking legal counsel to explore any available options, such as appealing the decision or reapplying with additional evidence, may be advisable to avoid the risk of removal from the United States.
19. Are there any waivers available for the filing fees for Form I-929?
Yes, there are waivers available for the filing fees associated with Form I-929, which is the Petition for Qualifying Family Member of a U-1 Nonimmigrant. Individuals who are unable to afford the filing fee may be eligible for a fee waiver based on their financial situation. To request a fee waiver, applicants must file Form I-912, Request for Fee Waiver, along with their Form I-929 petition and provide evidence to support their inability to pay the fee. The USCIS will review the request and documentation provided to determine if the fee waiver should be granted. It’s important to follow the instructions carefully and submit all required documents to support your request for a fee waiver.
20. Can a U-1 nonimmigrant apply for Form I-929 for a stepchild?
Yes, a U-1 nonimmigrant can apply for Form I-929 for a stepchild under specific conditions. Here are some important points to consider:
1. Relationship Requirement: The U-1 nonimmigrant must have a qualifying family relationship with the stepchild in order to petition for them through Form I-929.
2. Legal Marriage: The U-1 nonimmigrant must have legally married the stepchild’s parent before the stepchild turned 18 years old in order for the stepchild to qualify as a “child” under immigration law.
3. Proper Documentation: The U-1 nonimmigrant will need to provide evidence of the legal marriage, as well as other supporting documentation to establish the stepchild’s eligibility for the petition.
4. Eligibility Requirements: The stepchild must meet all other eligibility requirements under the U nonimmigrant visa program to be considered for a derivative visa status through the Form I-929 petition.
It is important to carefully review the specific requirements and consult with an immigration attorney or expert to ensure accurate and complete submission of the Form I-929 petition for a stepchild of a U-1 nonimmigrant.