This is the concluding part of a series of articles on U nonimmigrant visas which can be granted to individuals and their families who may fall victim to many types of crime in the U.S., such as rape, murder, manslaughter, domestic violence, sexual assault, human trafficking, etc.
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).
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.
WASHINGTON – U.S. Citizenship and Immigration Services (USCIS), marking a significant milestone in its efforts to provide relief to victims of crimes, has for the second straight year approved 10,000 petitions for U nonimmigrant status, also referred to as the U-visa.
Due in large part to public education and partnerships forged with law enforcement agencies and service providers, USCIS reached the statutory maximum of 10,000 U-visas per fiscal year for the second year in a row since it began approving petitions for them in 2008. It is a significant milestone for the program created by Congress to strengthen law enforcement’s ability to investigate and prosecute cases of domestic violence, sexual assault, human trafficking, and other crimes while at the same time offering protection to victims of such crimes. More than 45,000 victims and their immediate family members have received U-visas since the implementation of this program.
As part of this effort, USCIS adjudications officers have traveled to 30 cities, including Boston, Philadelphia, Seattle and Los Angeles to train federal, state and local law enforcement and immigrant-serving organizations on immigration protections available to immigrants who are victims of human trafficking, domestic violence and other crimes.
USCIS will continue to accept and adjudicate new U-visa petitions, and has resumed issuing U-visas on Oct. 1, 2011, the first day of fiscal year 2012.