Instructions For Petition For Qualifying Family Member Of A U-1 Nonimmigrant (Form I-929) (Page 3 of 5) in pdf

What Documents Do You Need to Demonstrate

What Documents Do You Need to Establish

Extreme Hardship?

That Discretion Should be Exercised?

Extreme hardship is determined on a case-by-case basis. You

Submit evidence, including a signed statement from your alien

are encouraged to cite and document all applicable factors you

relative and other supporting documentation, to establish that

believe demonstrate that you or your alien relative will suffer

discretion should be exercised in favor of your alien relative.

extreme hardship if he or she is not allowed to remain in or to

Although you are not required to establish that your alien

enter the United States. You must demonstrate that refusal to

relative is admissible, USCIS may take into account all

allow the family member to remain in or to enter the United

factors, including acts that would otherwise render your alien

States would result in a degree of hardship beyond that

relative inadmissible, in making its discretionary decision on

typically associated with such a removal or refusal. Factors to

the application. Where adverse factors are present, you may

be considered may be, but are not limited to, the following:

offset these by submitting supporting documentation

A. The nature and extent of the physical or mental abuse

establishing mitigating equities that your alien relative wants

suffered as a result of having been a victim of criminal

USCIS to consider when determining whether or not a

activity;

favorable exercise of discretion is appropriate. Depending on

the nature of the adverse factors, you may be required to

B. The impact of loss of access to the U.S. courts and

clearly demonstrate that the denial of adjustment of status or

criminal justice system, including but not limited to

an immigrant visa would result in exceptional and extremely

participation in the criminal investigation or prosecution of

unusual hardship to you.

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

What If a Document Is Not Available?

activity;

In such a situation, submit a statement from the appropriate

C. The likelihood that the perpetrator's family, friends, or

civil authority certifying that the document or documents are

others acting on behalf of the perpetrator in the home

not available. You must also submit secondary evidence,

country would harm the applicant or the applicant's

including:

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

comparable rite occurred within 2 months after birth, and

other supportive services for victims of crime that are

showing the date and place of the child's birth, date of the

unavailable or not reasonably accessible in the home

religious ceremony, and the names of the child's parents.

country;

B. School record: A letter from the authority (preferably the

E. If the criminal activity involved arose in a domestic

first school attended) showing the date of admission to the

violence context, the existence of laws and social practices

school, the child's date of birth, or age at that time, place of

in the home country that punish the applicant or the

birth, and names of the parents.

applicant's child(ren) because they have been victims of

domestic violence or have taken steps to leave an abusive

C. Census record: State or Federal census record showing

household;

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

D. Affidavits: Written statements sworn to or affirmed by

country to protect the applicant or the applicant's children;

two persons who were living at the time and who have

and

personal knowledge of the event you are trying to prove.

For example, the date and place of birth, marriage, or

G. The age of the applicant, both at the time of entry to the

death.

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 04/13/17 Y

Page 3 of 5

Instructions For Petition For Qualifying Family Member Of A U-1 Nonimmigrant (Form I-929) Page 3

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