July 28, 2022

U-1 Visa Holders May Petition for Legal Permanent Residency For Family Members with Form i929

If you hold a U-1 visa, you may be able to petition for family members’ legal permanent residency when you change your status from U-1 visa to legal permanent resident.

When may a U-1 Visa Holder Petition For Legal Permanent Residency For a Family Member?

A.  You must be the principal U-1 visa holder;

B.  You must have obtained your Legal Permanent Residency (Form i-485) through your U-1 visa already or have your Legal Permanent Residency Application (Form i-485) currently pending with USCIS;

C. If you are a U-1 visa holder aged 21 or over, you may apply for your spouse (the relationship must have existed when you filed your legal permanent residency application) or for your unmarried children under age 21;

If you are U-1 visa holder under 21 years old, you may file for your spouse (the relationship must have existed when you filed your legal permanent residency application), parents or unmarried children under age 21;

D. You must prove extreme hardship if that relative is not allowed to stay in the USA or join you in the USA; and

E.  You must prove that the relative deserves a grant of favorable discretion.

How do I apply for my relative?

A.  The first step in applying for your relative is filing form i-929 and it has a filing fee of $230.  This form will not get approved until after your legal permanent residency is approved, but you may file orm i929 while your legal permanent resident application is pending.

B.  Once the i929 is approved, you may file for legal permanent residency for your relative.  This step will be different for relatives outside the USA versus inside the USA.

Determining eligibility and submitting the application can be complex.  Attorney Diana Bailey has over 23 years of immigration law experience.  Please call our team for a free telephone consultation 866-521-6422.