Introduction to Form I-929
Form I-929, Petition for Qualifying Family Member of a U-1 Nonimmigrant, is used to petition for a qualifying family member of a U-1 nonimmigrant to obtain lawful permanent residence in the US. The U-1 nonimmigrant visa is granted to victims of certain crimes who have suffered substantial physical or mental abuse.
To be eligible to file Form I-929, the petitioner must be a U-1 nonimmigrant who has been admitted to the US as a victim of a qualifying crime and has been physically present in the US for at least three years while in U-1 nonimmigrant status.
Eligibility Requirements for Qualifying Family Members
Qualifying family members of a U-1 nonimmigrant who may be eligible to file Form I-929 include spouses, unmarried children under the age of 21, and unmarried sons and daughters who are 21 years of age or older. The qualifying family member must also meet certain eligibility requirements, such as being admissible to the US and not being inadmissible under certain grounds.
The qualifying family member must also demonstrate that they are a qualifying family member of a U-1 nonimmigrant and that the U-1 nonimmigrant has been admitted to the US as a victim of a qualifying crime and has been physically present in the US for at least three years while in U-1 nonimmigrant status.
Filing Form I-929 with USCIS
To file Form I-929, the petitioner must submit the completed form, along with supporting documentation and the required filing fee, to the US Citizenship and Immigration Services (USCIS). The petitioner must also provide evidence of their U-1 nonimmigrant status, as well as evidence of the qualifying family member's relationship to the petitioner.
The petitioner must also provide evidence that the qualifying family member is admissible to the US and meets the eligibility requirements for lawful permanent residence. The USCIS will review the petition and may request additional evidence or an interview with the petitioner and the qualifying family member.
Processing Time for Form I-929
The processing time for Form I-929 can vary depending on the workload of the USCIS and the complexity of the case. Generally, the USCIS aims to process Form I-929 within 6-12 months, but this timeframe may be longer or shorter depending on the specific circumstances of the case.
Once the USCIS has approved the petition, the qualifying family member will be eligible to apply for lawful permanent residence in the US. The qualifying family member will need to submit an application for a permanent resident card, also known as a green card, and may be required to attend an interview with the USCIS.
Conclusion and Next Steps
Filing Form I-929 can be a complex and time-consuming process, but it can provide a qualifying family member with the opportunity to obtain lawful permanent residence in the US. It is essential to ensure that all required documentation and evidence are submitted with the petition to avoid delays or denial.
If you are a U-1 nonimmigrant who is seeking to petition for a qualifying family member, it is recommended that you consult with an experienced immigration attorney to guide you through the process and ensure that your petition is properly prepared and submitted to the USCIS.
Frequently Asked Questions
What is the purpose of Form I-929?
Form I-929 is used to petition for a qualifying family member of a U-1 nonimmigrant to obtain lawful permanent residence in the US.
Who is eligible to file Form I-929?
A U-1 nonimmigrant who has been admitted to the US as a victim of a qualifying crime and has been physically present in the US for at least three years while in U-1 nonimmigrant status is eligible to file Form I-929.
What family members are considered qualifying family members?
Qualifying family members include spouses, unmarried children under the age of 21, and unmarried sons and daughters who are 21 years of age or older.
What is the required filing fee for Form I-929?
The required filing fee for Form I-929 is currently $435, but this fee is subject to change, and additional fees may be required for biometric services and other expenses.
How long does it take to process Form I-929?
The processing time for Form I-929 can vary depending on the workload of the USCIS and the complexity of the case, but generally takes 6-12 months.
What happens after Form I-929 is approved?
After Form I-929 is approved, the qualifying family member will be eligible to apply for lawful permanent residence in the US and may be required to attend an interview with the USCIS.