I-485 Other categories additional instructions
- A copy of every page of your passport and any other document showing residence and physical presence in the U.S. for the required time period (see www.uscis.gov/greencard for more information); and
- Evidence that you maintained your G-4, N, or NATO-6 nonimmigrant status since your last entry into the United States.
- A continuous period of at least three years since you were first admitted as a T-1 nonimmigrant; or
- A continuous period during the investigation or prosecution of acts of trafficking, and the Attorney General has determined the investigation or prosecution is complete.
- Evidence you were lawfully admitted in T nonimmigrant status and continue to hold such status at the time you file Form I-485; and
- Evidence that adjustment of status is warranted as a matter of discretion.
- Evidence of continuous physical presence;
- Evidence of good moral character; and
- Evidence you complied with reasonable requests for assistance in the investigation or prosecution of the acts of trafficking or evidence that you would suffer extreme hardship involving unusual and severe harm upon removal from the United States or evidence that you were under 18 years of age at the time of the victimization that qualified you for T nonimmigrant status.
Date of departure;
Place of departure;
Length of departure;
Manner of departure (plane, boat, etc.);
Date of return;
Place of return; and
Affidavit
3. Evidence establishing continuous physical presence, which may include, but is not limited to:- Documentation issued by any governmental or nongovernmental authority, provided the documentation contains your name, was dated at the time it was issued, and contains the normal signature, seal, or other authenticating instrument of the authorized representative of the issuing authority;
- Educational documents;
- Employment records;
- Certification that you filed Federal or state income tax returns showing that you attended school or worked in the United States throughout the entire continuous physical presence period;
- Documents showing installment payments, such as a series of monthly rent receipts or utility bills;
- A list of the type and date of documents already contained in your DHS file that establishes physical presence, such as, but not limited to, a written copy of a sworn statement given to a DHS officer, a document from the law enforcement agency attesting to the fact that you have continued to comply with requests for assistance, the transcript of a formal hearing, and Form I-213, Record of Deportable-Inadmissible Alien; or
- Your own affidavit attesting to your continuous physical presence.
- Your absence was necessary to assist in the investigation or prosecution of acts of trafficking; or
- An official involved in the investigation or prosecution of acts of trafficking certifies that the absence was otherwise justified.
- Your own affidavit attesting to your good moral character; and
- A local police clearance or a state-issued criminal background check from each locality or state in the United States that you have resided in for six or more months while you were in T-1 nonimmigrant status. If local police clearances, criminal background checks, or similar reports are not available for any location where you resided, you may include an explanation and submit other evidence about your good moral character while you resided at that location.
- Complied with any reasonable request for assistance in the investigation or prosecution of acts of trafficking;
- Were under 18 years of age at the time of the victimization that qualified you for T nonimmigrant status; or
- Would suffer extreme hardship involving unusual and severe harm if removed from the United States.
- Your own affidavit describing how you continue to comply with any reasonable requests;
- A statement from a Federal, state, or local law enforcement official describing how you complied with any reasonable requests;
- A re-signed and dated Form I-914, Supplement B;
- Trial transcripts;
- Court documents;
- Police reports; and
- News articles.
- The investigation or prosecution is complete;
- Your T-1 nonimmigrant status is based on your willingness to assist but you were not needed, and you continue to be willing to assist but your assistance is still not needed;
- You were not asked to assist after being granted T-1 nonimmigrant status; or
- A request for assistance was not reasonable (See 8 CFR Section 214.11(a) for more information).
If you are filing Form I-485 as a U nonimmigrant, you do not need to submit evidence of financial support.
Additional Evidence Requirements
As a U nonimmigrant, you must submit evidence showing you meet certain requirements specific to this immigrant visa category. Therefore, in addition to the evidence listed in the main instructions, principal and derivative applicants must also submit:
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- Evidence of continuous physical presence; and
- Evidence that adjustment of status is warranted as a matter of discretion.
In addition, principal applicants must also submit evidence that they complied with reasonable requests for assistance in the investigation or prosecution of the qualifying criminal activity.
You do not need to submit documentation showing that you were present in the United States on every single day of the three-year U nonimmigrant status period, but you should not have significant chronological gaps in your documentation.
To show continuous physical presence, you must submit Item Numbers 1. – 4. below:
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- Copies of every page of your passports or equivalent travel documents (or valid explanation of why the applicant does not have such a document);
- Documentation of any departure from, and return to, the United States while in U nonimmigrant status, including:
- Date of departure;
- Place of departure;
- Length of departure;
- Manner of departure (plane, boat, etc.);
- Date of return; and
- Place of return;
- Educational documents;
- Employment records;
- Certification that you filed Federal or state income tax returns showing that you attended school or worked in the United States throughout the entire continuous physical presence period;
- Documents showing installment payments, such as a series of monthly rent receipts or utility bills; or
- A list of the type and date of documents already contained in your DHS file that establishes physical presence, such as, but not limited to, a written copy of a sworn statement given to a DHS officer, a document from the law enforcement agency attesting to the fact that you have continued to comply with requests for assistance, the transcript of a formal hearing; and Form I-213, Record of Deportable-Inadmissible Alien; and
If you do not have documentation to establish continuous physical presence, you must explain why in an affidavit and provide additional affidavits from others with first-hand knowledge who can attest to your continuous physical presence with specific facts. Your affidavit alone is not sufficient to show continuous physical presence.
Generally, you have failed to maintain continuous physical presence if you departed from the United States for any trip that lasted longer than 90 days or for multiple trips that together exceeded 180 days. To show that you maintained continuous physical presence despite taking these trips, you must submit a certification from the agency that signed Form I-918, Supplement B, in support of your U nonimmigrant status stating that:- Your absence was necessary in order to assist in the investigation or prosecution of the qualifying criminal activity; or
- Your absence was otherwise justified.
Evidence of Compliance with Reasonable Requests for Assistance in the Investigation or Prosecution of the Qualifying Criminal Activity
You are required to provide ongoing assistance, as needed, to law enforcement agencies involved in the investigation or prosecution of the qualifying criminal activity. 8 CFR 245.24(a)(5) defines “refusal to provide assistance in a criminal investigation or prosecution” as a refusal by the U nonimmigrant to provide assistance to law enforcement authorities after being granted U nonimmigrant status.
To show you have met this requirement, you must submit evidence that, from the time you filed for U nonimmigrant status until you file Form I-485, you have complied with (or did not unreasonably refuse to comply with) reasonable requests for assistance in the investigation or prosecution of the qualifying criminal activity. You are required to provide ongoing assistance until USCIS adjudicates your Form I-485.
Evidence of Compliance with Reasonable Requests for Assistance in the Investigation or Prosecution of the Qualifying Criminal Activity
You are required to provide ongoing assistance, as needed, to law enforcement agencies involved in the investigation or prosecution of the qualifying criminal activity. 8 CFR 245.24(a)(5) defines “refusal to provide assistance in a criminal investigation or prosecution” as a refusal by the U nonimmigrant to provide assistance to law enforcement authorities after being granted U nonimmigrant status.
To show you have met this requirement, you must submit evidence that, from the time you filed for U nonimmigrant status until you file Form I-485, you have complied with (or did not unreasonably refuse to comply with) reasonable requests for assistance in the investigation or prosecution of the qualifying criminal activity. You are required to provide ongoing assistance until USCIS adjudicates your Form I-485.
The evidence may include:
A newly executed Form I-918, Supplement B, U Nonimmigrant Status Certification;
A photocopy of the original Form I-918, Supplement B, with a new date and signature from the certifying agency; Documentation on official letterhead from the certifying agency stating that you have not unreasonably refused to cooperate in the investigation or prosecution of the qualifying criminal activity;
An affidavit describing any efforts you made to obtain a newly executed Form I-918, Supplement B, or other evidence describing whether you received any requests to provide assistance in the criminal investigation or prosecution of the qualifying criminal activity, and your response to these requests; or
Court documents, police reports, news articles, copies of reimbursement forms for travel to and from court, and affidavits of other witnesses or officials.
If you submit an affidavit, it must include:
- A description of all instances when you were requested to provide assistance in the criminal investigation or prosecution of persons in connection with the qualifying criminal activity after you were granted U nonimmigrant status and how you responded to such requests;
- Any identifying information you have about the law enforcement personnel involved in the case;
- Any information you have about the status of the criminal investigation or prosecution, including any charges filed and the outcome of any criminal proceedings, or whether the investigation or prosecution was dropped and the reasons why; and
- If you have refused a request for assistance in the investigation or prosecution, you must provide a detailed explanation of why you refused to comply with requests for assistance and why you believed that the requests for assistance were unreasonable
NOTE: In certain cases, this requirement of ongoing assistance may require someone other than the principal applicant to provide evidence to USCIS. For example, in some U nonimmigrant cases, the U-1 petitioner was a child (or incompetent or incapacitated) and was not directly required to provide the assistance in an investigation or prosecution of the qualifying criminal activity. In these cases, someone other than the child, such as a parent, guardian, or next friend provided the assistance. This person may need to provide evidence of continued assistance (or that there was no unreasonable refusal to comply) with an investigation or prosecution of the qualifying criminal activity.
Discretion
Adjustment of status based on U nonimmigrant status is not an automatic benefit, so you bear the burden of showing that USCIS should use its discretion to approve your adjustment of status application. When making a discretionary decision on your application, USCIS may take into account all factors, including those acts that would otherwise make you inadmissible.
Generally, favorable factors such as family ties, hardship, and length of residence in the United States, may be sufficient for USCIS to use its 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 USCIS to consider. See 8 CFR 245.24(d)(11).
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