Form I-929: What You Need to Know

The U.S. immigration system has always supported the family members of immigrants and nonimmigrants coming to the United States. Form I-929 is among the forms used by family members to enter the U.S. and accompany the principal visa holder. But who can file Form I-929, and what is the application process? We answer everything you need to know about Form I-929.

What Is Form I-929?

Form I-929, officially known as the Petition for Qualifying Family Members of a U1 nonimmigrant, is a petition filed by eligible immediate family members of the U1 visa who wish to come to the United States. With this form, they will also be eligible to get a green card at the same time as the principal visa holder.

While this form does ensure entry upon acceptance, it doesn’t, however, ensure that they will be receiving LPR (lawful permanent resident) status.

Who Needs Form I-929?

The principal visa holder files this form on behalf of his/her family members after screening for eligibility. The alien family members aren’t eligible to file it for themselves or their relatives.

Since this is a derivative visa for dependents, the principal visa holder’s eligibility is taken into consideration. There are five main criteria for this form. Those are:

1. You must be a U1 nonimmigrant visa holder holding a valid U-visa status. This also means you are the principal applicant of the U visa.
2. You must either have obtained a green card after fulfilling the requirements or have an AOS (Adjustment of Status) pending.
3. The family member for whom you’re applying for the derivative visa must qualify based on the relationship he/she holds with you.
4. You must demonstrate that you, along with your noncitizen relatives, will endure extreme hardship if they aren’t allowed to enter the United States.
5. You must demonstrate that the beneficiary of the derivative visa deserves to be granted the U.S. visa, and ultimately permanent residency status.

Furthermore, the beneficiary of the petition cannot have held U-nonimmigrant status before.

If you, the petitioner of the form, are under the age of 21, you can file on behalf of your spouse, unmarried children under the age of 21, and parents. If you’re above the age of 21, however, you cannot file for your parents.

How to Complete Form I-929

Form I-929 is a seven-page document divided into six parts. Here’s a brief overview of each part:

Part 1: Information About You

This section will ask questions about you, the petitioner. Details like name, current address, mailing address, DOB, marital status, prior spouse’s name, and termination of marriage (if applicable) are asked. All questions are straightforward.

Part 2: Information About Your Alien Relative

Similarly, you need to provide as much information as possible about your alien relative. Name, address, phone number, the relationship you hold with them, among other details, will be asked explicitly. You need to provide details for every field that’s applicable in your case.

Part 3: Information About Your Alien’s Relative Children

If your relative has children and they’ll be accompanying him/her, you need to provide details about them, such as name, address, names of father and mother, and birth records. Fill out for every child.

Part 4: Processing Information

In this section, you need to specify if the person mentioned in Part 2 is in the U.S. or abroad at the time of filing. Processing will be conducted accordingly.

Part 5: Signature

You’ll provide your signature, full name, and date to affirm that all the details you provided are correct to your knowledge. This section is significant.

Part 6: Preparer’s Information, If Other Than the Person Signing Above

If anyone other than the principal applicant filled out this form, they’re required to complete this part. Otherwise, leave it blank.

Form I-929 Evidence Checklist

Before submitting the form, you must ensure that you have provided sufficient evidence to satisfy the petition. Here’s a checklist for you to go through.

• Did you attach evidence of your lawful permanent residence status or proof of your pending request?
• Copies of evidence proving your relationship to the beneficiary?
• Copies of evidence suggesting extreme hardship that you and your relative will face if they aren’t allowed entry into the U.S.?
• Copies of evidence they deserve to be granted entry into the U.S. and discretion should be in their favor.

Evidence That You’re an LPR or in the Process of Becoming One

The USCIS wants to make sure that the principal applicant has adjusted his status from U1 to LPR. If you’re an LPR, it’s recommended you attach a green card. If it’s pending, you can attach a copy of Form I-485. You can also wait until your AOS application is approved, which can increase the petition approval rate.

Evidence of Familial Relationship

You must showcase that you have a relationship with the beneficiary. If you’re applying for a spouse, you can submit your marriage certificate and wedding photographs. If you’re applying for children, submit birth records. You must also demonstrate that you hold an existing relationship. If you or your spouse have divorced, and especially if one or both of you have remarried, establishing a relationship will be tough.

Evidence for Extreme Hardship

You must provide evidence that you or your family will suffer extreme hardship if Form I-929 is not approved. This is a complex requirement, and the USCIS evaluates hardship differently for each case. Clause A-G under 8 C.F.R. 245.24(h)(1)(iv) lists certain factors that are looked at when determining hardship. Those are:

• The extent and nature of physical and mental abuse endured as a victim of criminal activity
• The impact of the loss of access to U.S. courts and the criminal justice system
• The likelihood that harm would come to the applicant and their family in their home country
• The applicant’s social, medical, or mental health needs cannot be met in the home country
• The laws and social practices that would harm family members in their home country if they have been subject to domestic violence
• The perpetrator’s ability to travel back home and the willingness of local authorities to protect the victim and their family members
• The age of the applicant at the time of entry into the U.S. and during adjustment of status

Your attorney or legal adviser should guide you on this requirement.

If some of the documents aren’t available or cannot be produced for some reason, you should obtain a statement from the appropriate civil authority and submit that instead.

Once you’ve attached all of these documents to Form I-929, you’re ready to send them.

Again, it’s essential to sign the form wherever asked. Otherwise, the petition will be immediately rejected.

Where to File Form I-929

Send the form to the following address:

USCIS Vermont Service Center
75 Lower Welden St.
St. Albans, VT 05479-0001

Form I-929 Cost

The filing fee for Form I-929 is $215, which must be paid by check or money order. There might be other miscellaneous costs like attorney fees or translation charges based on the services you used to file this form.

Conclusion

Because filing this form can be difficult, especially fulfilling the evidentiary requirements, it is highly recommended to get legal help before filing. Incomplete and incorrect information will result in rejection.

Frank Gogol

I’m a firm believer that information is the key to financial freedom. On the Stilt Blog, I write about the complex topics — like finance, immigration, and technology — to help immigrants make the most of their lives in the U.S. Our content and brand have been featured in Forbes, TechCrunch, VentureBeat, and more.

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