Instructions For Form I-817 - Application For Family Unity Benefits (Page 3 of 14) in pdf

2. You must prove that on May 5, 1988, or December 1, 1988 (as appropriate), you were either the spouse or the

unmarried child under 21 years of age of a person who became a legalized alien.

NOTE: If you were an unmarried child under 21 years of age of a legalized alien as of May 5, 1988 or December

1, 1988, depending on the section of law that applies to you, and you have since married, you will be regarded as

continuously eligible for Family Unity Program benefits if you satisfy the other eligibility requirements.

3. You are not in one of the categories of aliens defined in 8 Code of Federal Register (CFR) section 236.13.

4. Your qualifying relative (spouse or parent), on whom you base your application for Family Unity Program benefits,

has maintained his or her status as a legalized alien or as a U.S. citizen if he or she naturalized. If deceased, your

spouse or parent maintained his or her status until his or her death.

NOTE: For more information on the two dates, May 5, 1988, or December 1, 1988, see the Family Unity Benefits

Eligibility section of these Instructions regarding relationship to a legalized alien.

Under LIFE Act

To prove eligibility for Family Unity benefits under the LIFE Act, you must establish that you meet the following

conditions:

1. You entered the United States before December 1, 1988, and resided in the United States on that date;

2. You are the spouse or unmarried child under 21 years of age of an alien who is eligible for adjustment of status under

section 1104 of the LIFE Act;

3. Your spouse or parent has a pending adjusment of status application or was granted adjustment of status under the

LIFE Act;

4. You are not in one of the categories of aliens defined in 8 CFR section 245a.32; and

5. The qualifying relationship between you and your spouse or parent continues to exist.

Family Unity Benefits Eligibility

The classes of individuals eligible to apply for Family Unity benefits are listed below.

Select the box in Part 2. Basis for Application that matches your request.

1. On May 5, 1988, I was the spouse of an alien who was legalized under INA section 245A of the INA and I currently

meet all of the necessary residence and other continuous eligibility requirements.

If all of the above are applicable, select Item Number 1.a.

2. On May 5, 1988, I was the unmarried child under 21 years of age of a person who was legalized under INA

section 245A, and I currently meet all of the necessary residence and other continuous eligibility requirements.

If all of the above are applicable, select Item Number 1.b.

3. On December 1, 1988, I was the spouse of an alien who was legalized as a Special Agricultural Worker under INA

section 210, and I currently meet all of the necessary residence and other continuous eligibility requirements.

If all of the above are applicable, select Item Number 1.c.

4. On December 1, 1988, I was the unmarried child under 21 years of age of a person who was legalized as a Special

Agricultural Worker under INA section 210, and I currently meet all of the necessary residence and other continuous

eligibility requirements.

If all of the above are applicable, select Item Number 1.d.

5. On May 5, 1988, I was the spouse of a legalized alien who adjusted status under section 202 of the Immigration

Reform and Control Act of 1986 (Cuban/Haitian Adjustment), and I currently meet all of the necessary residence and

other continuous eligibility requirements.

If all of the above are applicable, select Item Number 1.e.

Form I-817 Instructions 12/23/16 N

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