In our previous entries, we have covered a lot of the information related to the U non-immigrant visa. In this entry, we will go over some of the frequently asked questions, as well as their answers.
Q – Can a qualifying U-1 nonimmigrant (main U nonimmigrant applicant) be the one to file a Form I-929, Petition for Qualifying Family Member of a U-1 nonimmigrant, on behalf of one of their siblings?
A – Unfortunately, no. The only ones allowed to file the Form I-929 are the spouse, children, or parents (if the petitioner in question is under 21) of the U-1 nonimmigrant themselves.
Q – When is a U-1 nonimmigrant allowed to file a Form I-929 for one of their qualifying family members?
A – Any U-1 nonimmigrant can file the Form I-929 at the same time they file, or at any point after they have filed their Form I-485.
Q – Can a family member of the U-1 file their Form I-485 at the same time as their Form I-929?
A – No. The only person allowed to file a Form I-929 along with their own Form I-485 is the U-1 principle themselves.
Q – Is it possible for the Form I-929 to be approved before the main petitioner’s Form I-485 is approved?
A – No. While the applications can be submitted at the same time, the main petitioner’s Form I-485 has to be approved before the I-929 can be approved. If the I-485 is denied, then the I-929 will also be denied, automatically.