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Instrukcje dotyczące formularza I-929, Petycja dla Kwalifikującego się Członka Rodziny U-1 Non-imigranta

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OMB No. 1615-0106; Expires 08/31/2024  
Instructions for Form I-929, Petition for  
Qualifying Family Member of a  
U-1 Nonimmigrant  
Department of Homeland Security  
U.S. Citizenship and Immigration Services  
What Is the Purpose of This Form?  
General Instructions  
The purpose of Form I-929, Petition for Qualifying Family  
Member of a U-1 Nonimmigrant, is to request immigration  
benefits on behalf of a family member who never held U  
nonimmigrant status. To process your Form I-929, you will  
need to supply U.S. Citizenship and Immigration Services  
(USCIS) with a signed Form I-929 and the filing fee. In  
addition, you will need to supply the appropriate supporting  
documents for your petition. Any non-English language  
document must be translated into English.  
A. Type or print legibly in black ink.  
B. If extra space is needed to complete any item, attach a  
continuation sheet and indicate your full name and Alien  
Registration Number (A-Number) at the top of each sheet  
of paper. Indicate the item number and sign and date each  
sheet.  
C. Answer all questions fully and accurately. If any item is  
not applicable or the answer is "none," leave the space  
blank.  
D. Each petition must be properly signed and filed. A  
photocopy of a signed petition or typewritten name in  
place of a signature is not acceptable.  
Who May File?  
A petitioner may file this form with USCIS on behalf of a  
family member who does not hold U nonimmigrant status and  
who wishes to immigrate to the United States. You, as the  
petitioner, must demonstrate that:  
Copies  
If these instructions state that a copy of a document may be  
filed with your Form I-929, submit a copy. If you choose to  
send the original, USCIS may keep that original for our  
records. If USCIS requires the original, it will be requested.  
A. You became a lawful permanent resident, or have a  
pending Form I-485, Application to Register Permanent  
Residence or Adjust Status, based on your status as a U-1  
nonimmigrant (victim of criminal activity);  
Translations  
B. Your alien relative is eligible for immigrant classification  
Any document containing a foreign language submitted to  
USCIS must be accompanied by a full English language  
translation which the translator has certified as complete and  
accurate, and by the translator's certification that he or she is  
competent to translate from the foreign language into English.  
based on his or her relationship to you;  
C. You can establish that you or your alien relative will suffer  
extreme hardship if not allowed to remain in or to enter the  
United States; and  
D. You can establish that discretion should be exercised in  
What Initial Evidence Is Required to Support  
This Petition?  
favor of your alien relative.  
You must file a separate petition for each eligible relative.  
You are required to submit the following:  
A. Evidence of your lawful permanent resident status or  
evidence that you have a pending Form I-485 based on  
your status as a U-1 nonimmigrant;  
For Whom May You File?  
A. If you are under 21 years of age, you may file this petition  
on behalf of your:  
B. Evidence of your relationship to the alien beneficiary;  
1. Spouse;  
C. Evidence of extreme hardship to you or your alien relative  
if he or she is not allowed to remain in or to enter the  
United States; and  
2. Unmarried child(ren) under 21years of age; and  
3. Parent(s).  
B. If you are over 21 years of age, you may file this petition  
D. Evidence to establish that discretion should be exercised in  
on behalf of your:  
favor of your alien relative.  
1. Spouse; and  
NOTE: Form I-929 cannot be approved for your alien  
relative until your Form I-485 is approved based on your U-1  
nonimmigrant status.  
2. Unmarried child(ren) under 21 years of age.  
Form I-929 Instructions 08/31/21  
Page 1 of 5  
E. A mother: Submit a copy of your birth certificate  
showing your name and your mother's name. Also submit  
evidence of any legal name change if the names on the  
birth certificate do not match the names on the petition.  
What Documents Do You Need to Demonstrate  
Your Status?  
Provide the following documents to demonstrate you are  
eligible to file this petition:  
F. A father: Submit a copy of your birth certificate showing  
the names of both parents. Also give a copy of your  
parent's marriage certificate establishing that your father  
was married to your mother before you were born, and  
copies of documents showing that any prior marriages of  
either your father or mother were legally terminated. If  
you are filing for a stepparent or adoptive parent, or if you  
are filing for your father and were not legitimated before  
your 18th birthday, also see D, G, and H.  
A. If you are a permanent resident, you must file your  
petition with a copy of the front and back of your  
Permanent Resident Card. If you have not yet received  
your card, submit copies of your passport biographic  
page, and the page showing admission as a permanent  
resident, or other evidence of permanent resident status  
issued by USCIS.  
B. If your Form I-485 is pending, you must submit a copy of  
your approval notice for your Form I-918, Petition for U  
Nonimmigrant Status, and a receipt notice showing that  
your Form I-485 has been filed with USCIS.  
G. Stepparent/stepchild: If your petition is based on a  
stepparent-stepchild relationship, you must file your  
petition with a copy of the marriage certificate of the  
stepparent to the child's natural parent showing that the  
marriage occurred before the child's 18th birthday. If you  
or the child's natural parent were ever previously married  
to other people, submit copies of documents showing that  
any prior marriages were legally terminated. Evidence of  
any legal name changes must also be submitted.  
What Documents Do You Need to Demonstrate  
a Family Relationship?  
Certain documents are required to be submitted with this  
petition to show that a relationship exists between you and  
your relative. In all cases, submit a recently taken clear  
photograph of the family member for whom you are filing,  
and if you are filing for:  
H. Adoptive parent of adopted child: If you and the person  
you are filing for are related by adoption, you must submit  
a certified copy of the adoption decree(s) showing that the  
adoption took place before the child became 16 years of  
age.  
A. A Husband or wife: Submit the following documentation:  
1. A copy of your marriage certificate;  
If you adopted the child's sibling, you must submit a copy  
of the adoption decree(s) showing that the adoption of the  
sibling occurred before that child's 18th birthday.  
2. If either you or your spouse were previously married,  
copies of documents showing that all prior marriages  
were legally terminated; and  
In either case, you must also submit copies of evidence that  
each child was in the legal custody of and resided with the  
parent(s) who adopted him or her for at least 2 years before  
or after adoption. Legal custody may only be granted by a  
court or recognized government entity and is usually  
granted at the time the adoption is finalized. However, if  
legal custody is granted by a court or recognized  
3. Evidence of any legal name change.  
B. A child and you are the mother: Submit a copy of the  
child's birth certificate showing your name and the name of  
your child.  
government agency prior to the adoption, that time may  
count to fulfill the 2-year legal custody requirement.  
C. A child born in wedlock and you are the father: Submit  
a copy of the child's birth certificate showing both parents'  
names and your marriage certificate.  
D. A child born out of wedlock and you are the father: If  
the child was not legitimated before reaching 18 years of  
age, you must file your petition with copies of evidence  
that a bona fide parent-child relationship existed between  
the father and the child before the child reached 21 years  
of age. This may include evidence that the father lived  
with the child, supported him or her, or otherwise showed  
continuing parental interest in the child's welfare.  
Form I-929 Instructions 08/31/21  
Page 2 of 5  
What Documents Do You Need to Demonstrate  
Extreme Hardship?  
What Documents Do You Need to Establish  
That Discretion Should be Exercised?  
Extreme hardship is determined on a case-by-case basis. You  
are encouraged to cite and document all applicable factors you  
believe demonstrate that you or your alien relative will suffer  
extreme hardship if he or she is not allowed to remain in or to  
enter the United States. You must demonstrate that refusal to  
allow the family member to remain in or to enter the United  
States would result in a degree of hardship beyond that  
Submit evidence, including a signed statement from your alien  
relative and other supporting documentation, to establish that  
discretion should be exercised in favor of your alien relative.  
Although you are not required to establish that your alien  
relative is admissible, USCIS may take into account all  
factors, including acts that would otherwise render your alien  
relative inadmissible, in making its discretionary decision on  
the application. Where adverse factors are present, you may  
offset these by submitting supporting documentation  
establishing mitigating equities that your alien relative wants  
USCIS to consider when determining whether or not a  
favorable exercise of discretion is appropriate. Depending on  
the nature of the adverse factors, you may be required to  
clearly demonstrate that the denial of adjustment of status or  
an immigrant visa would result in exceptional and extremely  
unusual hardship to you.  
typically associated with such a removal or refusal. Factors to  
be considered may be, but are not limited to, the following:  
A. The nature and extent of the physical or mental abuse  
suffered as a result of having been a victim of criminal  
activity;  
B. The impact of loss of access to the U.S. courts and  
criminal justice system, including but not limited to  
participation in the criminal investigation or prosecution of  
the criminal activity of which the alien was a victim, and  
any civil proceedings related to family law, child custody,  
or other court proceeding stemming from the criminal  
activity;  
What If a Document Is Not Available?  
In such a situation, submit a statement from the appropriate  
civil authority certifying that the document or documents are  
not available. You must also submit secondary evidence,  
including:  
C. The likelihood that the perpetrator's family, friends, or  
others acting on behalf of the perpetrator in the home  
country would harm the applicant or the applicant's  
children;  
A. Church record: A copy of a document bearing the seal of  
the church, showing the baptism, dedication, or  
D. The applicant's needs for social, medical, mental health, or  
other supportive services for victims of crime that are  
unavailable or not reasonably accessible in the home  
country;  
comparable rite occurred within 2 months after birth, and  
showing the date and place of the child's birth, date of the  
religious ceremony, and the names of the child's parents.  
B. School record: A letter from the authority (preferably the  
first school attended) showing the date of admission to the  
school, the child's date of birth, or age at that time, place of  
birth, and names of the parents.  
E. If the criminal activity involved arose in a domestic  
violence context, the existence of laws and social practices  
in the home country that punish the applicant or the  
applicant's child(ren) because they have been victims of  
domestic violence or have taken steps to leave an abusive  
household;  
C. Census record: State or Federal census record showing  
the name, place of birth, date of birth, or the age of the  
person listed.  
F. The perpetrator's ability to travel to the home country and  
the ability and willingness of authorities in the home  
country to protect the applicant or the applicant's children;  
and  
D. Affidavits: Written statements sworn to or affirmed by  
two persons who were living at the time and who have  
personal knowledge of the event you are trying to prove.  
For example, the date and place of birth, marriage, or  
death.  
G. The age of the applicant, both at the time of entry to the  
United States and at the time of application for adjustment  
of status.  
The person making the affidavit does not have to be a  
U.S. citizen. Each affidavit should contain the following  
information regarding the person making the affidavit: full  
name, address, date and place of birth, relationship to you,  
full information concerning the event, and complete details  
explaining how the person acquired knowledge of the  
event.  
Form I-929 Instructions 08/31/21  
Page 3 of 5  
Where Should You File This Form?  
USCIS Forms and Information  
Mail your complete petition package to the following address:  
To ensure you are using the latest version of this form, visit  
the USCIS website at www.uscis.gov where you can obtain  
the latest USCIS forms and immigration-related information.  
If you do not have internet access, you may order USCIS  
forms by calling the USCIS Contact Center at  
USCIS  
Vermont Service Center  
38 River Road  
Essex Junction, VT 05479-0001  
1-800-375-5283. For TTY (deaf or hard of hearing) call:  
1-800-767-1833.  
As an alternative to waiting in line for assistance at your local  
USCIS office, you can now schedule an appointment through  
the USCIS Internet-based system, InfoPass. To access the  
system, visit the USCIS website. Use the InfoPass  
appointment scheduler and follow the screen prompts to set up  
your appointment. InfoPass generates an electronic  
appointment notice that appears on the screen.  
What Is the Filing Fee?  
The filing fee for Form I-929 is $230.  
NOTE: The filing fee is not refundable, regardless of any  
action USCIS takes on this petition. DO NOT MAIL  
CASH. You must submit all fees in the exact amounts.  
Use the following guidelines when you prepare your check  
or money order for filing the fee:  
Penalties  
1. The check or money order must be drawn on a bank or  
other financial institution located in the United States and  
must be payable in U.S. currency; and  
If you knowingly and willfully falsify or conceal a material  
fact or submit a false document with your Form I-929, we will  
deny your Form I-929 and may deny any other immigration  
benefit. In addition, you will face severe penalties provided  
by law and may be subject to criminal prosecution.  
2. Make the check or money order payable to U.S.  
Department of Homeland Security.  
NOTE: Please spell out U.S. Department of Homeland  
Security; do not use the initials "USDHS" or "DHS."  
Notice to Those Making Payment by Check. If you send us  
a check, it will be converted into an electronic funds transfer  
(EFT). This means we will copy your check and use the  
account information on it to electronically debit your account  
for the amount of the check. The debit from your account will  
usually take 24 hours and your bank will show it on your  
regular account statement.  
DHS Privacy Notice  
AUTHORITIES: The information requested on this  
petition, and the associated evidence, is collected under the  
Immigration and Nationality Act, 8 U.S.C. sections 1103,  
1184, 1255.  
PURPOSE: The primary purpose for providing the requested  
information on this petition is to request immigration benefits  
on behalf of a family member who has never held U  
nonimmigrant status. DHS uses the information you provide  
to grant or deny the immigration benefit you are seeking.  
You will not receive your original check back. We will destroy  
your original check, but will keep a copy of it. If USCIS cannot  
process the EFT for technical reasons, you authorize us to  
process the copy in place of your original check. If your check  
is returned as unpayable, USCIS will re-submit the payment to  
the financial institution one time. If the check is returned as  
unpayable a second time, we will reject your petition and charge  
you a returned check fee.  
DISCLOSURE: The information you provide is voluntary.  
However, failure to provide the requested information,  
including your Social Security number (if applicable), and any  
requested evidence, may delay a final decision or result in  
denial of your petition.  
How to Check If the Fees Are Correct  
Form I-929's filing fee is current as of the edition date in the  
lower right corner of this page. However, because USCIS fees  
change periodically, you can verify that the fees are correct by  
following one of the steps below.  
1. Visit our website at www.uscis.gov, select "FORMS," and  
check the appropriate fee; or  
2. Call the USCIS Contact Center at 1-800-375-5283 and ask  
for fee information. For TTY (deaf or hard of hearing)  
call: 1-800-767-1833.  
Form I-929 Instructions 08/31/21  
Page 4 of 5  
ROUTINE USES: DHS may, where allowable under relevant  
confidentiality provisions, share the information you provide on  
this petition and any additional requested evidence with other  
Federal, state, local, and foreign government agencies and  
authorized organizations. DHS follows approved routine uses  
described in the associated published system of records notices  
[DHS/USCIS/ICE/CBP-001 Alien File, Index, and National  
File Tracking System and DHS/USCIS-007 Benefits  
Information System and DHS/USCIS-018 Immigration  
Biometric and Background Check] and the published privacy  
impact assessments [DHS/USCIS/PIA-016a Computer Linked  
Application Information Management System and Associated  
Systems] which you can find at www.dhs.gov/privacy. DHS  
may also share this information, as appropriate, for law  
enforcement purposes or in the interest of national security.  
Checklist  
Did you answer each question on the Form I-929  
according to the instructions on the form?  
Did you sign and date Form I-929?  
Did you submit proof of your lawful permanent  
resident status or pending Form I-485 based on U-1  
nonimmigrant status?  
Did you submit proof of relationship, including  
documents needing copies and/or translations?  
Did you submit proof of extreme hardship?  
Did you submit evidence to establish that discretion  
should be exercised?  
Paperwork Reduction Act  
An agency may not conduct or sponsor an information  
collection and a person is not required to respond to a  
collection of information unless it displays a currently valid  
OMB control number. The public reporting burden for this  
collection of information is estimated at 1 hour per response,  
including the time for reviewing instructions, and completing  
and submitting the form. Send comments regarding this  
burden estimate or any other aspect of this collection of  
information, including suggestions for reducing this burden to:  
U.S. Citizenship and Immigration Services, Regulatory  
Coordination Division, Office of Policy and Strategy, 5900  
Capital Gateway Drive, Mail Stop #2140, Camp Springs,  
MD 20588-0009; OMB No. 1615-0106. Do not mail your  
completed Form I-929 to this address.  
Did you submit the beneficiary's photo?  
Did you provide the beneficiary's address where he  
or she is residing now?  
Form I-929 Instructions 08/31/21  
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