Green Card for a Victim of a Crime (U Nonimmigrant)

To be eligible for a Green Card based on U-1 nonimmigrant status, you must meet the following requirements:

• You properly file Form I-485, Application to Register Permanent Residence or Adjust Status;
• You were lawfully admitted in U-1 nonimmigrant status;
• You are in U-1 nonimmigrant status at the time you file your Form I-485;
• You have been physically present in the United States for a continuous period of at least three years since you were admitted as a U-1 nonimmigrant. You must have at least three years of continuous presence at the time you file your Form I-485 and must continue to be physically present through the date that we decide on your adjustment application;
• You have not unreasonably refused to provide assistance in the investigation or prosecution of the qualifying criminal activity, starting from when you were first admitted as a U-1 nonimmigrant through the date that USCIS makes a decision on your application;
• You are not inadmissible under section 212(a)(3)(E) of the Immigration and Nationality Act (INA);
• Your presence in the United States is justified on humanitarian grounds, to ensure family unity, or is in the public interest; and
• You merit a favorable exercise of discretion (see Discretion below).

If you are adjusting status based on U nonimmigrant status, you are not generally required to be admissible to the United States. However, if you have participated in Nazi persecution, genocide, or the commission of any act of torture or extrajudicial killing, you are inadmissible under INA 212(a)(3)(E) and you are ineligible for a Green Card. We cannot waive this ground of inadmissibility or provide any other form of relief for this ground of inadmissibility.

If you have committed any act that would count as a ground of inadmissibility, we will consider that information when adjudicating your application. Read the Discretion section immediately below for more information.

Discretion

Adjustment of status based on U nonimmigrant status is not an automatic benefit, so you bear the burden of showing that we should use our discretion to approve your adjustment of status application. When making a discretionary decision on your application, we will consider all factors, including those acts that otherwise would make you inadmissible.

Generally, favorable factors such as family ties, hardship, and length of residence in the United States may be sufficient for us to use our discretion to approve your application. However, when adverse factors are present in your case, you may offset these by submitting supporting documentation of favorable factors you wish us to consider.

If you are currently in the United States and you meet certain other requirements, you may file Form I-485, Application to Register Permanent Residence or Adjust Status.

If you are in U nonimmigrant status, special confidentiality protections apply to you. These are described in 8 U.S.C. section 1367 and in the USCIS Policy Manual, Volume 1, Part A, Chapter 7, Privacy and Confidentiality.

If you do not feel safe receiving mail from USCIS at your home address, you may include a safe address on your application in the mailing address field. You do not have to be living at the safe address. To let USCIS know that you have changed your mailing address after filing a petition for U nonimmigrant status or Form I-485, see the instructions on our Change of Address Procedures for VAWA/T/U Cases and Form I-751 Abuse Waivers webpage.

If you apply for U nonimmigrant status with USCIS, any information about you or your petition for U nonimmigrant status is strictly confidential and is protected by law. DHS can only share this information in very limited circumstances and may not deny your petition based on evidence provided solely by your abuser or other prohibited sources.

You should submit the following documents and evidence to apply for a Green Card as a U-1 nonimmigrant in the United States:

• Form I-485, Application to Register Permanent Residence or Adjust Status;
• Copy of Form I-797, Approval Notice, for your Form I-918, Petition for U Nonimmigrant Status;
• Copies of every page of all passports or equivalent travel documents that were valid while you were in U-1 nonimmigrant status (or a valid explanation of why you do not have this evidence);
• If you departed from the United States while in U-1 nonimmigrant status, evidence showing the dates of each departure from the United States, the date and each place of return to the United States, and the reason for each departure;
• If you were absent from the United States for any period more than 90 days or for any periods in the aggregate exceeding 180 days, a certification from the investigating or prosecuting agency that the absences were necessary to assist in the investigation or prosecution of the criminal activity or were otherwise justified;
• Your own affidavit attesting to your continuous physical presence and evidence of continuous physical presence (for more details, go to the “Additional Instructions for Human Trafficking Victims and Crime Victims” section in the Instructions for Form I-485);
• Evidence you were lawfully admitted in U-1 nonimmigrant status and continue to hold such status at the time you file Form I-485;
• Evidence that you complied with any reasonable request for assistance in the investigation or prosecution of the qualifying criminal activity (for more details, go to the “Additional Instructions for Human Trafficking Victims and Crime Victims” section in the Instructions for Form I-485);
• Evidence that adjustment of status is warranted as a matter of discretion on humanitarian grounds, to ensure family unity, or is otherwise in the public interest (for more details, go to the “Additional Instructions for Human Trafficking Victims and Crime Victims” section in the Instructions for Form I-485);
• Two passport-style photographs;
• Copy of your government-issued identity document with photograph;
• Copy of your birth certificate;
• Copy of Form I-94, Arrival/Departure Record or copy of the U.S. Customs and Border Protection (CBP) admission or parole stamp on the travel document (if applicable)

Note: If CBP provided you with an electronic Form I-94 upon your arrival/admission to the United States, you may print out a paper version of the Form I-94 from the CBP website at www.cbp.gov/I94;

• Form I-693, Report of Immigration Medical Examination and Vaccination Record, or a partial Form I-693. If you are required to submit a Form I-693 or a partial Form I-693, you must submit it with your Form I-485. For more information, please see the Form I-693 Instructions; and
• Certified police and court records of criminal charges, arrests, or convictions (if applicable).

Note: Certain forms, including Form I-485, have a filing fee. You must submit the correct filing fee for each form unless you are eligible for a fee waiver. Please see our Filing Fees and Fee Schedule for more information.

Please also see our page on Tips for Filing Forms with USCIS.

Certain relatives of a U-1 nonimmigrant may also qualify for a Green Card, either as a derivative applicant or a qualifying family member who has never held derivative U nonimmigrant status.

Derivative U Nonimmigrant Family Member

If you meet all the requirements listed in the next section, you may apply for a Green Card if you were granted derivative status as a U-1 nonimmigrant’s spouse (U-2), child (U-3), parent (U-4), or sibling (U-5).

Eligibility Criteria for Adjustment of Status as a Derivative U Nonimmigrant Family Member

You are eligible for a Green Card based on derivative U nonimmigrant status if you meet the following requirements:

• You properly file Form I-485, Application to Register Permanent Residence or Adjust Status;
• You are physically present in the United States at the time you file your Form I-485;
• You were lawfully admitted in U-2, U-3, U-4, or U-5 nonimmigrant status before the U-1  nonimmigrant adjusted status;
• You are in U-2, U-3, U-4, or U-5 nonimmigrant status when you file your Form I-485;
• You have been physically present in the United States for a continuous period of at least 3 years since you were admitted as a derivative U nonimmigrant (you must have at least 3 years of continuous physical presence at the time you file your Form I-485 and must continue to be physically present through the date that we decide on your adjustment application);
• You are not inadmissible under INA section 212(a)(3)(E);
• Your presence in the United States is justified on humanitarian grounds, to ensure family unity, or because it is in the public interest; and
• You merit a favorable exercise of discretion (see Discretion above).

If you meet these eligibility requirements, you do not have to wait for the U-1 nonimmigrant (the principal applicant) to file Form I-485. You may file an application before or after the U-1 nonimmigrant files for adjustment. You may also apply to adjust status even if the U-1 nonimmigrant never files his or her own Form I-485.

If the U-1 nonimmigrant adjusts status before you are initially admitted as a U nonimmigrant, you will no longer be able to be admitted as a U nonimmigrant. However, you may still be eligible to adjust status or apply for an immigrant visa as a qualifying family member. See the Qualifying Family Members Who Have Never Held Derivative U Nonimmigrant Status section below.

See USCIS Policy Memorandum on Extension of Status for T and U Nonimmigrants .

What to Submit (Derivative U Nonimmigrant Family Member)

If you are a derivative U nonimmigrant family member, you should submit the following documents and evidence to apply to adjust status:

• Form I-485, Application to Register Permanent Residence or Adjust Status;
• Copy of Form I-797, Approval Notice, for your Form I-918, Supplement A, Petition for Qualifying Family Member of U-1 Recipient;
• Copies of every page of all passports or equivalent travel documents that were valid while you were in U nonimmigrant status (or a valid explanation of why you do not have this evidence);
• If you departed from the United States while in derivative U nonimmigrant status, evidence showing the dates of each departure from the United States, the date and place of each return to the United States, and the reason for each departure (if applicable);
• Your own affidavit attesting to your physical presence and evidence of your continuous physical presence (for more details, go to the “Additional Instructions for Human Trafficking Victims and Crime Victims” section in the Instructions for Form I-485);
• Evidence that you were lawfully admitted in U-2, U-3, U-4, or U-5 nonimmigrant status and continue to hold such status at the time you file Form I-485;
• Evidence that adjustment of status is warranted as a matter of discretion on humanitarian grounds, to ensure family unity, or is otherwise in the public interest (for more details, go to the “Additional Instructions for Human Trafficking Victims and Crime Victims” section in the Instructions for Form I-485);
• Two passport-style photographs;
• Copy of your government-issued identity document with photograph;
• Copy of your birth certificate;
• Copy of Form I-94, Arrival/Departure Record or copy of the CBP admission or parole stamp on the travel document (if applicable);

Note: If CBP provided you with an electronic I-94 upon arrival/admission to the United States, you may print out a paper version of the Form I-94 from the CBP website at cbp.gov/I94;

• Form I-693, Report of Medical Examination and Vaccination Record (you may submit this form together with Form I-485 or later when we request it); and
• Certified police and court records of criminal charges, arrests, or convictions (if applicable).

Note: Certain forms, including Form I-485, have a filing fee. You must submit the correct filing fee for each form unless you are eligible for a fee waiver. Please see our Filing Fees and Fee Schedule for more information.

Please also see our page on Tips for Filing Forms with USCIS.

Qualifying Family Members Who Have Never Held Derivative U Nonimmigrant Status

At the same time (or after) applying to adjust status, the U-1 nonimmigrant may file Form I-929, Petition for Qualifying Family Member of a U-1 Nonimmigrant. Form I-929 is used to petition for qualifying family members who have never held derivative U nonimmigrant status. Qualifying family members include spouse, child(unmarried and under 21 years of age), and parent (of a U-1 nonimmigrant who is under 21 years of age).

If you are inside the United States and have an approved Form I-929, you may apply immediately for a Green Card.

If you are outside the United States and have an approved Form I-929, we will forward the approved petition to the U.S. Department of State so that you may apply for an immigrant visa at the appropriate U.S. Embassy or consulate. You must be admitted to the United States before applying to adjust status. For more information, see our Consular Processing page.

Eligibility Criteria for Adjustment of Status as a Qualifying Family Member Who Has Never Held U Nonimmigrant Status

You are eligible for adjustment of status as a qualifying family member if you meet the following requirements:

• You have an approved Form I-929, Petition for Qualifying Family Member of a U-1 Nonimmigrant;
• You are not inadmissible under INA 212(a)(3)(E) (see Discretion above); and
• You merit a favorable exercise of discretion.

Note: The qualifying family relationship that formed the basis of your Form I-929 approval must exist when the U-1 nonimmigrant becomes a lawful permanent resident. That relationship must continue to exist through the time we adjudicate your Form I-485.

What to Submit (Qualifying Family Members Who Have Never Held U Nonimmigrant Status)

If you are a qualifying family member, you should submit the following documents and evidence to apply to adjust status:

• Form I-485, Application to Register Permanent Residence or Adjust Status;
• Copy of Form I-797, Approval Notice, showing approval for your Form I-929, Petition for Qualifying Family Member of a U-1 Nonimmigrant;
• Evidence that the U-1 nonimmigrant who filed Form I-929 on your behalf has an approved or pending Form I-485;
• Evidence that the qualifying relationship between you and the U-1 nonimmigrant continues to exist;
• Two passport-style photographs;
• Copy of your government-issued identity document with photograph;
• Copy of your birth certificate;
• Copy of Form I-94, Arrival/Departure Record or copy of the CBP admission or parole stamp on the travel document (if applicable);
• Note: If CBP provided you with an electronic I-94 upon arrival/admission to the United States, you may print out a paper version of the Form I-94 from the CBP website at www.cbp.gov/I94;
• Form I-693, Report of Immigration Medical Examination and Vaccination Record, or a partial Form I-693. If you are required to submit a Form I-693 or a partial Form I-693, you must submit it with your Form I-485. For more information, please see the Form I-693 Instructions; and
• Certified police and court records of criminal charges, arrests, or convictions (if applicable).

For more details, see the “Additional Instructions for Human Trafficking Victims and Crime Victims” section in the Instructions for Form I-485.

Note: Certain forms, including Form I-485, have a filing fee. You must submit the correct filing fee for each form, unless you are eligible for a fee waiver. Please see our Filing Fees and Fee Schedule for more information.

Please also see our page on Tips for Filing Forms with USCIS.

Generally, when you have a pending Form I-485, you may apply for employment authorization by filing a Form I-765, Application for Employment Authorization.

If you need to leave the United States temporarily while your Form I-485 is pending, please see Form I-131, Application for Travel Documents, Parole Documents, and Arrival/Departure Records and its instructions for more information. Generally, if you have a pending Form I-485 and you leave the United States without an advance parole document, you will have abandoned your application.

For further information, see our Employment Authorization and Travel Documents pages.

For more information, see the following:

• INA 101(a)(15)(u) – Definition of a U nonimmigrant
• INA 212(a) – Classes of Aliens Ineligible for Visas or Admission
• INA 212(d)(3) and (d)(14) – Temporary Admission of Nonimmigrants
• INA 245(m) – Adjustment of Status of Nonimmigrant to that of a Person Admitted for Permanent Residence (U nonimmigrants)
• 8 CFR 212.17 – Applications for the Exercise of Discretion Relating to U Nonimmigrant Status
• 8 CFR 214.14 – Alien Victims of Certain Qualifying Criminal Activity
• 8 CFR 245.24 – Adjustment of Aliens in U nonimmigrant status