To file Form I-929, Petition for Qualifying Family Member of a U-1 Nonimmigrant, mail a separate petition for each relative to the USCIS lockbox in Minneapolis with a $560 fee and evidence of your U-1 status, the family relationship, and the extreme hardship you or your relative would face if they cannot stay in or enter the United States.1U.S. Citizenship and Immigration Services. I-929, Petition for Qualifying Family Member of a U-1 Nonimmigrant The petition is available only to U-1 principals who have already adjusted to permanent residence or have an adjustment application pending.
Who Can File
You must currently hold U-1 nonimmigrant status and either have a pending or concurrently filed Form I-485 based on that status, or already have received your green card through U-1 adjustment.2U.S. Citizenship and Immigration Services. Instructions for Petition for Qualifying Family Member of a U-1 Nonimmigrant Your own immigration standing has to hold up. If your U-1 is revoked or your I-485 is denied or withdrawn, any pending I-929 is automatically denied along with it.
Filing before your own adjustment is approved carries risk: the I-929’s fate is tied to your I-485. Petitioners who have already adjusted avoid that exposure, but they still need to show the qualifying relationship existed on the date they adjusted status.
Which Relatives Qualify
Eligible beneficiaries depend on your age at the time of filing. If you are 21 or older, you can petition for your spouse and your unmarried children under 21. If you are under 21, you can also petition for your parents.2U.S. Citizenship and Immigration Services. Instructions for Petition for Qualifying Family Member of a U-1 Nonimmigrant Siblings are never eligible, regardless of your age.
The relationship must have existed when you adjusted (or adjust) to permanent resident status. A spouse married after your adjustment date, or a child born after that date, cannot be included. A divorce between filing and issuance of the immigrant visa ends the spouse’s eligibility.
A child beneficiary has to remain unmarried and under 21 throughout the process. The Child Status Protection Act does not apply here.3U.S. Citizenship and Immigration Services. Child Status Protection Act (CSPA) If your child turns 21 while the petition is pending or before an immigrant visa issues, they lose eligibility. Processing times can run well over a year, so file early if a child is approaching 21.
One petition, one relative. You cannot combine multiple beneficiaries on a single form, and each petition requires its own fee.
Evidence to Assemble Before You File
A complete filing has four groups of supporting documents: proof of your immigration status, proof of the family relationship, evidence of extreme hardship, and evidence supporting a favorable exercise of discretion.1U.S. Citizenship and Immigration Services. I-929, Petition for Qualifying Family Member of a U-1 Nonimmigrant Gathering everything up front cuts down on Requests for Evidence, which can add months.
Your Immigration Status
Include a copy of your green card if you have adjusted. If your I-485 is pending, submit your I-797 receipt or approval notice, or file the I-929 concurrently with your I-485.
The Family Relationship
Provide government-issued documents: birth certificates for children or parents, marriage certificates for a spouse, adoption decrees where applicable. Every document in a foreign language needs a certified English translation. The translator must certify in writing that the translation is complete and accurate and that they are competent to translate from the foreign language into English.4U.S. Citizenship and Immigration Services. USCIS Policy Manual Volume 7 Part A Chapter 4 – Documentation
Where primary documents are unavailable or unreliable, USCIS may suggest DNA testing. The testing is voluntary; USCIS can suggest but not require it. It must follow USCIS chain-of-custody procedures, so results from a private lab are not accepted, and the petitioner pays.
Extreme Hardship
Extreme hardship is the core of the petition. Under Section 245(m)(3) of the Immigration and Nationality Act, the benefit can be granted only when doing so is “necessary to avoid extreme hardship.”5Office of the Law Revision Counsel. 8 U.S.C. 1255 – Adjustment of Status of Nonimmigrant to That of Person Admitted for Permanent Residence The bar sits higher than ordinary emotional distress from separation. Hardship can be to you, to your relative, or to both.
USCIS weighs a range of factors:6U.S. Citizenship and Immigration Services. Chapter 5 – Extreme Hardship Considerations and Factors
- Family ties in the United States, caregiving responsibilities, and the ages and immigration status of your children.
- Medical conditions that cannot be adequately treated in the relative’s home country.
- Safety and country conditions, including fear of persecution, discrimination, or danger, which often matter for crime victims and their families.
- Loss of access to U.S. legal systems, including criminal investigations, labor or civil rights enforcement, family court, and victim compensation programs.
- Financial impact from separation or forced relocation.
- Social and cultural ties, length of residence, and stigma or ostracism abroad.
Document these with specificity. Medical claims should carry treatment records, physician letters, and information about the availability of equivalent care abroad. Safety concerns benefit from country-conditions reports. Detailed personal declarations from you and the beneficiary can round out the record. Generic statements about missing a family member will not carry the petition. If the beneficiary is already in the U.S., you have to show that removal would cause hardship “beyond that typically associated with removal.” If your relative is abroad, the focus shifts to the hardship of being kept out.
Favorable Discretion
Even with extreme hardship shown, the I-929 remains discretionary. USCIS weighs positive and negative factors about the beneficiary. Serious adverse factors, such as a violent criminal history, crimes involving sexual abuse of a child, multiple drug offenses, or security and terrorism concerns, can defeat a petition despite strong hardship evidence. When such factors are present, USCIS may require a higher showing of “exceptional and extremely unusual” hardship. Include evidence of good character, community ties, employment history, and other positive factors.
Completing the Form
Download the current edition of Form I-929 from uscis.gov/i-929 and check the edition date at the bottom. USCIS rejects petitions filed on outdated versions. The form asks for biographical information on you and the beneficiary, including full legal names, dates of birth, countries of birth and citizenship, and Alien Registration Numbers if assigned.2U.S. Citizenship and Immigration Services. Instructions for Petition for Qualifying Family Member of a U-1 Nonimmigrant
If a section needs more room, attach a separate sheet with your name and A-Number at the top. Type or print clearly. Sign and date the form; an unsigned petition will be returned.
Where to File and What It Costs
Mail the completed petition and supporting documents to the USCIS lockbox. The address works for USPS, FedEx, UPS, and DHL:
USCIS
ATTN: I-929
3 Intake Way
Minneapolis, MN 55438-1455
The filing fee is $560 per petition. USCIS no longer accepts personal checks, business checks, money orders, or cashier’s checks for paper filings. Pay by credit, debit, or prepaid card issued by a U.S. bank using Form G-1450, Authorization for Credit Card Transactions, or by ACH from a U.S. bank account using Form G-1650. Place the completed payment form on top of your packet.7U.S. Citizenship and Immigration Services. G-1450, Authorization for Credit Card Transactions
If you cannot afford the fee, submit Form I-912, Request for Fee Waiver, with documentation of your financial situation, attached to the I-929 packet.8U.S. Citizenship and Immigration Services. I-912, Request for Fee Waiver You must clearly demonstrate inability to pay. If the waiver is denied, USCIS will send instructions on how to resubmit with payment.
What Happens After You File
Once USCIS accepts the petition, it mails a Form I-797C, Notice of Action, which is your receipt and gives you a case number for tracking.9U.S. Citizenship and Immigration Services. Form I-797C, Notice of Action Keep it.
USCIS may require the beneficiary, and sometimes you, to appear at an Application Support Center for fingerprints, a photograph, and a signature. No biometric services fee is due at filing. If biometrics are required later, USCIS will send an appointment notice with instructions on any additional fee.10U.S. Citizenship and Immigration Services. USCIS Form I-929 Instructions Missing the appointment without rescheduling can result in denial.
If USCIS approves the petition and the beneficiary is already in the United States, they can adjust status to lawful permanent residence. If the beneficiary is abroad, the approved petition goes to the Department of State’s National Visa Center for immigrant visa processing.11U.S. Department of State. NVC Processing
A denial letter will explain the reasons. Common grounds include insufficient hardship evidence, failure to prove the qualifying relationship, loss of petitioner eligibility such as an I-485 denial, and serious adverse factors in the beneficiary’s background that outweigh the hardship showing. There is no appeal from a denied I-929, but you can file a motion to reopen or reconsider with USCIS if you have new evidence or believe the decision rested on an error of law.