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Legal Information: Federal


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January 30, 2018

When I apply for lawful permanent resident status, what family members may be considered “qualifying family members” to also become lawful permanent residents?

If you have U visa status as a principal applicant, and have submitted an application to become a lawful permanent resident (after at least 3 years of U visa status), you may be eligible to ask that your “qualifying family members” receive lawful permanent residence as well.1

Qualifying family members include your spouse, child, and parent (if the principal applicant is a child) who were never derivatives, and all of the following requirements must be met:

  • You have U visa status as a principal applicant (U-1);
  • Your application for lawful permanent residence was approved, is still pending, or is filed at the same time as the application for your qualifying family member;
  • Your qualifying family member never received U visa status as a derivative;
  • The relationship with your qualifying family member existed when you received lawful permanent residence and it continues to exist at the time your qualifying family member receives lawful permanent residence; and
  • You or your qualifying family member would suffer extreme hardship (see below) if your qualifying family member is not allowed to stay in, or enter, the U.S.2

Extreme hardship is evaluated on a case-by-case basis, taking into account the particular facts and circumstances of each case. Some factors that may be considered include, but are not limited to:

  • The type and degree of the physical or mental abuse suffered as a result of being a victim of crime;
  • The effect of losing access to the U.S. courts and criminal justice system;
  • The probability that the criminal’s family, friends, or others acting on behalf of the criminal in the home country would harm the applicant or the applicant’s children;
  • The need for social, medical, mental health, or other supportive services for victims of crime that are not available or accessible in the home country;
  • In domestic violence cases, whether there are laws and social practices in the home country that punish the applicant or the applicant’s children because they have been victims of domestic violence or have taken steps to leave an abusive home;
  • The criminal’s ability to travel to the home country and the ability and willingness of authorities in the home country to protect the applicant or the applicant’s children;
  • The applicant’s age, both at the time of entry into the U.S. and at the time the applicant applies for lawful permanent residence; and
  • Evidence, including a signed statement from the qualifying family member and other supporting documentation that explains that discretion should be exercised in his/her favor.3

1 INA § 245(m)(3)
2 INA § 245(m)(3), 8 CFR § 245.24(g)
3 8 CFR § 245.24(h)(1)