I-817
Application for Family Unity Benefits
Form I-817, Application for Family Unity Benefits, is used to request initial benefits under the Family Unity Program or to request an extension of those benefits. The instructions say the applicant resides in and files Form I-817 in the United States, and that a separate Form I-817 is filed for each person.
The program has two legal bases: section 301 of the Immigration Act of 1990 (IMMACT 90) and section 1504 of the Legal Immigration Family Equity Act (LIFE Act Amendments). Both are for the spouse or unmarried child under 21 of a legalized alien, or of an alien eligible for adjustment under the LIFE Act, who entered the United States before a date in 1988 set by law.
The instructions say a person granted benefits under IMMACT 90 is authorized to remain in the United States for two years and receives an Employment Authorization Document (EAD) for the same period. Under the LIFE Act it is also two years, or one year if the spouse or parent has a pending adjustment application.
A-Number, full name and other names, date of birth, Social Security number, USCIS online account number, sex, country of birth and citizenship, and mailing and physical address. The instructions say one of the addresses is a U.S. address.
Ethnicity, race, height, weight, eye color and hair color. The instructions say this can reduce the time spent at a biometrics appointment.
Item 1 has one box from 1.a. to 1.h. for the class of applicant, by relationship, date and law. Item 2 has boxes 2.a. to 2.d. for an initial request or an extension under IMMACT 90 or the LIFE Act.
Details of the spouse or parent you claim through, then a section for a marital relationship or prior marriages (Items 13 to 20) and a section for a child and parent relationship (Items 21 to 24).
Passport and status details, the address on May 5 or December 1, 1988, relatives filing at the same time, absences from and residences in the United States, and Yes or No questions in Items 25.a. to 38 on security and criminal history.
Your contact details and signature, the interpreter and preparer sections, a signature box for the EAD (Part 9), and additional information space (Part 10).
Type or print in black ink. The USCIS page says the edition date and page numbers should be visible on every printed page, all from the same edition. Write N/A where a question does not apply and None for a zero.
The USCIS page says the form is rejected without your family name, date of birth and U.S. mailing address, or without the family name and date of birth of your spouse or parent, which the form asks for in Part 4.
In Item 1, the box that matches the relationship, the 1988 date and the law. In Item 2, whether this is an initial request or an extension, under IMMACT 90 or the LIFE Act.
Items 13 to 20 for a marital relationship or prior marriages, with Item 20 checked if you were previously married. Items 21 to 24 for a child and parent relationship.
The form asks for every absence and residence since May 5 or December 1, 1988, or since your last Form I-817 approval, whichever is later. A Yes answer to Items 25.a. to 38 is explained in Part 10.
The instructions say a stamped or typewritten name is not accepted, and that the Part 9 signature stays inside the box. This page lets you fill the form online free, then print it for signature.
You get the real form, filled in a browser tab, with nothing standing between you and the finished PDF.
The USCIS page points to its Direct Filing Addresses page. The instructions say to check www.uscis.gov/I-817 for the most current information, and that a U.S. address is needed to file.
The fee is on the USCIS Fee Schedule page, and the instructions point to Form G-1055. Fees can change, so check it on the day you file.
The instructions list a copy of the document USCIS issued to the legalized spouse or parent, such as Form I-551 or Form N-550, plus a marriage certificate or birth certificate, with extra proof for children born out of wedlock, legitimated, adopted or stepchildren.
For IMMACT 90, the instructions ask for at least three documents proving U.S. residence since May 5 or December 1, 1988. For the LIFE Act, at least three documents proving entry before December 1, 1988, plus proof of residence on that date.
The instructions list proof of past Family Unity benefits, a list of trips abroad and of residences since the last approval, evidence of a Form I-130 filed for you where it applies, and fingerprints if you have turned 14 since the last approval.
USCIS may ask for biometrics or an interview. The instructions say a person with Family Unity benefits who plans to travel abroad temporarily applies for advance parole on Form I-131.
I-131
339 fields, 14 pages
I-130
450 fields, 12 pages
G-1145
6 fields, 1 page
G-28
101 fields, 4 pages
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The instructions say two years under IMMACT 90. Under the LIFE Act it is two years, or one year if the spouse or parent has a pending adjustment application. The EAD is valid for the same period.
No. The instructions say the applicant resides in and files Form I-817 in the United States, and that a U.S. address is needed to file.
Yes. The instructions say a separate Form I-817 is filed for each person who applies for Family Unity benefits.
The instructions say a person who was an unmarried child under 21 of a legalized alien on May 5 or December 1, 1988 and later married is regarded as continuously eligible under IMMACT 90 if the other requirements are met.
The instructions say temporary travel abroad needs advance parole, requested on Form I-131, Application for Travel Documents, Parole Documents, and Arrival/Departure Records.
USCIS fees change, so this page does not list one. The I-817 page points to the USCIS Fee Schedule, and the instructions point to Form G-1055.
