This page is general information, not legal advice. DNLH is not a law office. Family rules depend on exact dates, so ask a lawyer or DOJ accredited representative before you file.
Who in my family can get U status?
It depends on your age when you file.
If you are 21 or older, your qualifying family members are:
- Your spouse (husband or wife)
- Your children (unmarried and under 21)
If you are under 21, they are:
- Your spouse
- Your children
- Your parents
- Your unmarried brothers and sisters under 18
That is the list in the rule (8 CFR 214.14(a)(10)). Other relatives, like adult siblings or grandparents, cannot be added.
Family members do not need to be crime victims. They do not need to help the police. The USCIS Policy Manual says qualifying family members do not have to show helpfulness.
They do need to:
- Prove the family relationship (birth or marriage certificates, for example)
- Pass background checks
- Be admissible, or get a waiver on Form I-192 (8 CFR 214.14(f)). The waiver is free in U cases.
When do I add them?
You can file Supplement A at the same time as your own I-918 or later (8 CFR 214.14(f)(2)).
Filing together is often simpler. Filing later can make sense when a family member's papers or history need more work. But waiting has risks, mainly around age and marriage. Talk timing through with your lawyer.
Will my child age out at 21?
Usually not, if you file in time.
Federal law protects children who turn 21 while the case is pending. If your child was under 21 on the date you filed your I-918 and turns 21 while it is pending, your child is still treated as a child (8 U.S.C. 1184(p)(7)(A)).
There is a second protection for young petitioners. If you were under 21 when you filed and you turn 21 while the case is pending, you are still treated as under 21 for adding parents and siblings (8 U.S.C. 1184(p)(7)(B)). And if you filed Supplement A for a sibling under 18, USCIS keeps treating that sibling as qualifying even after the sibling turns 18 (8 CFR 214.14(f)(4)(ii)).
What this means for you: file your own I-918 before your child turns 21. The date that counts is the date you file. If a birthday is coming soon, tell your lawyer right away. In California, a certifying agency must act on your Supplement B request within 7 days when a family member will lose eligibility within 60 days because of age (Penal Code 679.10(j)(2)).
A child must also stay unmarried. A child who marries is no longer a "child" under immigration law. Ask your lawyer before any family member marries.
What if I married or had a baby after I filed?
The general rule is strict. The family relationship must exist when you file your I-918, still exist when USCIS decides Supplement A, and still exist when the family member enters the U.S. (8 CFR 214.14(f)(4)).
- A baby born after you filed can still be added. The rule makes an exception for children born after filing.
- A spouse you married after you filed generally cannot be added through Supplement A. At the green card stage, you can file Form I-929 for a spouse who never had U status, as long as you are married when you apply for your green card and stay married until the spouse's case is decided (8 CFR 245.24(g)). You must also show extreme hardship. Ask your lawyer.
- A divorce before the decision can end your spouse's eligibility, because the relationship must still exist.
Can the person who hurt me get status through my case?
No. If a family member committed the crime against you in a family violence or trafficking situation, that person cannot get U status through your case (8 CFR 214.14(f)(1)).
You are not required to include anyone who is unsafe for you. Your lawyer can also explain how federal confidentiality rules protect your case from an abuser. See Will immigration share my abuse case with my abuser?
What if my family is outside the U.S.?
They can still join you.
- Your lawyer files Supplement A for them.
- If USCIS approves it, USCIS sends the approval to the U.S. embassy or consulate where they live (8 CFR 214.14(f)(6)).
- They apply for the U visa at that embassy or consulate, then travel.
- After they enter the U.S. in U status, they can file Form I-765 for a work permit card.
Family abroad do not get the interim work permit or deferred action that people in the U.S. can get while waiting. Their cases go to full review (USCIS Policy Manual).
Travel rules and embassy wait times change. Check with your lawyer before anyone books a ticket. See Travel bans: which countries are affected.
What do family members in the U.S. get while they wait?
Family in the U.S. can get a bona fide determination (BFD) work permit and deferred action, but only after you, the main petitioner, get a BFD, and only if their own Supplement A is complete and their background checks are back (USCIS Policy Manual). Their work permit category is (a)(20) and (c)(14). It lasts 4 years.
Once approved, family members in U status are allowed to work because of that status (8 CFR 214.14(f)(7)).
More on the wait: What you get while your U visa is pending or approved.
What if my family member is in immigration court?
They file Supplement A directly with USCIS. ICE lawyers may agree, if the family member asks, to a joint motion to end the court case while USCIS decides (8 CFR 214.14(f)(2)(i)). They do not have to agree. Since February 27, 2026, judges should not administratively close (set aside) a case over DHS's objection to wait for a U visa that is not immediately available (Matter of Ibarra-Vega, 29 I&N Dec. 476). See Applying for a U visa or VAWA while you are in immigration court.
Can my family get green cards too?
Yes, if they qualify. Family members in U status can apply for green cards after 3 years of continuous presence in U status, like you (8 CFR 245.24).
Family who never had U status (for example, a spouse you married later, or a child you did not include) may be added when you apply for your green card. You file Form I-929 with or after your I-485. You must show that you or the family member would face extreme hardship if they could not stay or join you. There is no USCIS fee for I-929 in U cases.
Is this the same for T visas and VAWA?
No. Each has its own family rules.
- T visa: different family list and an extra rule for relatives in danger. See Can my family get status through my T visa?
- VAWA: spouses and children who self petition may include their unmarried children under 21 (USCIS). See Can I get a green card if my spouse or parent abuses me?
Family list for your lawyer
Family list for my U visa case
My date of birth: ________ Date I filed (or will file) I-918: ________
| Name | Relationship | Date of birth | Married? | Where they live | In immigration court? |
|---|---|---|---|---|---|
| Spouse | |||||
| Child | |||||
| Child | |||||
| Parent (only if I am under 21) | |||||
| Sibling under 18 (only if I am under 21) |
- Birth certificates for each child
- Marriage certificate, and proof any past marriages ended
- Any arrests or immigration history for each family member
- Birthdays coming up in the next 6 months: ________
- Is any family member the person who harmed me? Tell my lawyer.
From U visa family members. Facts checked October 21, 2026. Free information, not legal or medical advice.
Questions people ask
My son turns 21 next month and I have not filed. What do I do? Call your lawyer today. The protection depends on the date you file your I-918. In California, ask the agency to use the 7 day deadline for age cases.
Do I have to include my spouse? No. You choose who to include. Some people leave out a spouse for safety reasons.
Does adding family slow down my case? Each family member's file is reviewed. Ask your lawyer how it may affect timing.
Is there any fee? No USCIS fee for Supplement A, the I-192 waiver or the I-929 in U cases.
Who can help?
Anywhere in the U.S.:
- Free or low cost legal help: the DOJ list of free legal service providers and the DOJ roster of recognized organizations and accredited representatives.
- National Domestic Violence Hotline: 1-800-799-7233, or text START to 88788. 24/7.
Bay Area (San Mateo and Santa Clara counties):
- CLSEPA: (650) 326-6440, 1861 Bay Road, East Palo Alto. Walk in Monday to Friday, 9 a.m. to 1 p.m. For low income residents of San Mateo and Santa Clara counties.
- Bay Area Legal Aid: advice line 1-800-551-5554.
- Legal Aid Society of San Mateo County, LIBRE program: (650) 517-8936 for attorney appointments. Limited help with U visas and VAWA.
- Tahirih Justice Center, Bay Area: 650-270-2100.
Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service. More options: Free legal help in the Bay Area.
If you are in danger right now, call 911.
Your case can protect more than you. Getting the dates right now is how you bring your family with you.
Sources
- 8 CFR 214.14, U nonimmigrant status (eCFR) checked October 21, 2026
- 8 U.S.C. 1184(p), U visa rules including age (Cornell LII) checked October 21, 2026
- USCIS Policy Manual, Vol. 3, Part C, Ch. 2, eligibility checked October 19, 2026
- USCIS Policy Manual, Vol. 3, Part C, Ch. 5, bona fide determination checked October 21, 2026
- 8 CFR 245.24, U green cards and Form I-929 (eCFR) checked October 21, 2026
- 8 CFR 106.2, USCIS fees (eCFR) checked October 21, 2026
- 8 CFR 106.3, fee exemptions (eCFR) checked October 21, 2026
- California Penal Code 679.10 (public.law) checked October 21, 2026
- USCIS, Form I-918 page checked October 21, 2026
- USCIS, Abused spouses, children and parents checked October 21, 2026
- DOJ list of pro bono legal service providers checked October 19, 2026
- CLSEPA checked October 21, 2026
- Bay Area Legal Aid checked October 21, 2026
- LASMC LIBRE checked October 21, 2026
- Tahirih Justice Center checked October 21, 2026
- National Domestic Violence Hotline checked October 21, 2026