Form I-929: A Guide to Petitioning for a Qualifying Family Member as a U-1 Nonimmigrant

Form I-929 is a critical document for family members of U-1 nonimmigrant visa holders seeking immigration benefits in the United States.

Purpose of Form I-929

Form I-929, officially titled “Petition for Qualifying Family Member of a U-1 Nonimmigrant,” serves a specific function within the U.S. immigration system. It allows individuals who have been granted U nonimmigrant status, which is typically conferred on victims of criminal activity who assist law enforcement, to petition on behalf of certain family members so that they may also be granted derivative U nonimmigrant status.

Eligibility Criteria

The eligibility for filing Form I-929 is contingent on the petitioner holding U-1 nonimmigrant status. The qualifying family members must fall into specific categories related to their relationship with the U-1 visa holder:

• For petitioners under 21 years of age: They may petition on behalf of their spouse, children, parents, and unmarried siblings under 18 years of age.
• For petitioners 21 years of age or older: They are limited to petitioning for their spouse and children.

All qualifying family members for whom the petition is filed must not have held U nonimmigrant status previously.

Completing Form I-929 is a pathway for qualifying family members of U-1 nonimmigrant visa holders to seek immigration benefits. Precision and accuracy in providing detailed information are crucial for the application process.

Required Documentation

The petitioner must compile a comprehensive dossier of supporting documents when filing Form I-929. These typically include:

• Identification proof: Copies of government-issued identification for both the petitioner and the relative.
• Evidence of relationship: Birth certificates, marriage certificates, or other legal documents must be provided to establish the qualifying familial relationship.
• Proof of U-1 visa holder status: Copies of documents illustrating the relative’s U-1 nonimmigrant status.
• Translation of non-English documents: All supporting documents not in English require certified translations.

Step-by-Step Instructions

To fill out Form I-929 correctly, follow these steps:

1. Complete all sections: Start by filling out personal details about the petitioner and the family member.
   • Part 1: Information about the petitioner.
   • Part 2: Information about the alien relative.
2. Detail the relationship: Provide a thorough explanation to demonstrate why the family member qualifies for benefits.
3. Sign and date the form: The petitioner must sign Form I-929, confirming the accuracy of the information provided.
4. Submit the form along with the filing fee: Ensure to include the correct fee, as required by USCIS.
5. Include all required documentation: Attach all the above-mentioned supporting documents with the petition package.

By following these specific steps and assuring all relevant documents are submitted, the petitioner can adeptly complete Form I-929 and advance through the immigration process for their family member.

When dealing with Form I-929, legal considerations play a crucial role in determining the outcome of the petition. Key points include grounds for ineligibility and the legal status implications for the applicant and their qualifying family members.

Grounds for Ineligibility

Certain conditions may disqualify an individual from petitioning on behalf of a family member using Form I-929. Ineligibility grounds can include:

• Criminal History: The presence of a criminal record in the petitioner’s or beneficiary’s past may affect eligibility.
• Immigration Violations: Prior violations of immigration laws by the petitioner or beneficiary might lead to ineligibility.
• Misrepresentation of Facts: Providing false information on the petition can result in disqualification.

Legal Status Implications

The approval or denial of Form I-929 has significant ramifications on the legal status of the petitioner’s family members:

• Approval Implications:
  • If approved, qualifying family members may obtain lawful permanent resident status.
  • Beneficiaries outside the U.S. would need to seek admission through a U.S. consulate.
• Denial Implications:
  • A denial can mean that family members will not be able to legally reside in the United States based on the petition.
  • The petitioner may have options to appeal or reapply, depending on the reason for denial.