Instructions For Application To Register Permanent Residence Or Adjust Status (Form I-485) (Page 28 of 42) in pdf

You should include evidence to document all factors that are relevant to you. However, if the basis of your current

extreme hardship claim is a continuation of the extreme hardship claimed in your application for T-1 nonimmigrant status,

you do not need to re-document the entire claim. Instead, submit evidence to establish that your previously established

extreme hardship is ongoing.

NOTE: USCIS is not bound by its previous extreme hardship determination.

Discretion

Adjustment of status based on T 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

245.23(e)(3).

Crime victim (U Nonimmigrant, Form I-918), derivative family member (Form I-918A), or qualifying

family member (Form I-929)

You may apply to adjust status under INA section 245(m) if you are a victim of certain specified crimes who was admitted

to the United States in U nonimmigrant status, maintained continuous physical presence for the required period of time,

and have complied with reasonable requests to assist law enforcement authorities in the investigation or prosecution of

the criminal activity. Special confidentiality protections (described at 8 U.S.C. section 1367) apply to you as a crime

victim. 8 U.S.C. section 1367 provides two forms of critical protection for crime victims. The first form of protection is

a prohibition on adverse determinations against the victim based on information provided solely by their abuser and other

prohibited sources. The second form of protection is a prohibition on disclosure of any information about the victim to

third parties, except in certain very limited circumstances.

Both principal and derivative applicants may file Form I-485 only after they have been physically present in the United

States for a continuous period of at least three years since being admitted as a U nonimmigrant. Applicants must continue

to be physically present through the date that USCIS makes a decision on this application.

Additionally, certain qualifying family members may also apply for adjustment of status. Your approved Form I-929,

Petition for Qualifying Family Member of a U-1 Nonimmigrant, confirms that you are a qualifying family member who

may file Form I-485. You must also show that the qualifying family relationship that formed the basis of your Form I-929

approval exists at the time the principal applicant (U-1 nonimmigrant) becomes a lawful permanent resident and continues

to exist until USCIS makes a decision on your Form I-485.

Evidence of Financial Support

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:

1. Evidence of continuous physical presence; and

2. 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.

Form I-485 Instructions 06/26/17 N

Page 28 of 42

Instructions For Application To Register Permanent Residence Or Adjust Status (Form I-485) Page 28