Instructions For Application To Register Permanent Residence Or Adjust Status (Form I-485) (Page 30 of 42) in pdf

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:

1. A newly executed Form I-918, Supplement B, U Nonimmigrant Status Certification;

2. A photocopy of the original Form I-918, Supplement B, with a new date and signature from the certifying agency;

3. 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;

4. 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

5. 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:

1. 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;

2. Any identifying information you have about the law enforcement personnel involved in the case;

3. 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

4. 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.

Form I-485 Instructions 06/26/17 N

Page 30 of 42

Instructions For Application To Register Permanent Residence Or Adjust Status (Form I-485) Page 30