The T nonimmigrant status (also known as the ‘T’ Visa) was created to provide immigration protection to victims of a severe form of trafficking in persons. The U nonimmigrant status (or ‘U’ visa) is set aside for victims of crimes who have suffered mental or physical abuse because of the crime and who are willing to assist law enforcement and government officials in the investigation of the criminal activity.
The rule also establishes a two-stage application process for qualifying family members who have never held U nonimmigrant status to obtain lawful permanent residence.
The statute allows USCIS to extend these derivative benefits to spouses, children, and parents based upon their relationship to the principal U ("U-1") nonimmigrant if:
The U-1 status holder must file an immigrant petition on the new Form I-929, Petition for Qualifying Family Member of a U-1 Nonimmigrant. If the I-929 is approved on their behalf, qualifying family members in the U.S. may file Form I-485, Application to Register Permanent Residence or Adjust Status. Qualifying family members outside the U.S. may visit a U.S. embassy or consulate to obtain their immigrant visas.
No. According to the statute, only the spouse, children, and parents (if the petitioner is under 21) of a U-1 nonimmigrant are eligible.
U-1 nonimmigrants may file the I-929 concurrently with, or at any time after they have filed, their Form I-485 based upon their U status.
No. Only the petitioner can file his/her I-485 concurrently with the I-929.
No. The petitioner’s I-485 must be approved prior to the approval of the I-929. If the petitioner’s I-485 is denied, the I-929 will automatically be denied.
No. The only fee required is the filing fee.
Applicants who can show they are financially unable to pay specific fees may submit an application for a fee waiver. The decision to grant such waivers lies within the sole discretion of USCIS.
Approval of the I-929 petition does not confer status upon the beneficiary.
No. Approval of the petition only makes the beneficiary eligible to apply for adjustment of status.
No. There is no numerical limitation.
No, Form I-929 may only be filed by a U-1 status holder on behalf of eligible family members.
If you need to apply for a U-visa or have any other questions, click here >