Application for Family Unity Benefits (Form I-817)

Form I-817, or the "Application for Family Unity Benefits," is an immigration-related form issued by U.S. Citizenship and Immigration Services (USCIS). It is used to request benefits under a special program for family members of immigrants who filed for amnesty or Special Agricultural Worker (SAW) benefits in the 1980s, where the primary applicants are still awaiting green cards, or where the family members are still on the waiting list for green cards based on the primary applicant's receipt of lawful permanent resident (green card) status and subsequent sponsorship petition.

A grant of Family Unity allows the family members to stay in the U.S. legally and receive a work permit during this long wait.

Why is this taking so long? Many of the legalization cases were tied up in class-action lawsuits for a number of years, which have only recently been addressed by legislation by Congress. Also, even after the primary applicant gets a green card, their spouses and children must typically wait for around five years for a green card to become available to them, because of annual limits in this "family preference" category. 

Do not be confused by the generic-sounding name "Family Unity." This is a very narrow program, and has nothing to do with immigrants' eligibility for green cards based on family reunification.

Eligibility for Family Unity Benefits

By now, you probably already know whether you are eligible for the Family Unity program. The basic requirements are hat you have been in the United States for a continuous period since either May 5, 1988 or December 1, 1988, depending on whether you are applying under the law known as IMMACT 90 or the LIFE Act. You need to have been the spouse or unmarried child younger than 21 of an alien legalizing under the amnesty or SAW program, and continue to be that person's spouse or child -- except that, if you are a child who has since gotten married, that's okay.

For more detailed information on eligibility, see the "I-817, Application for Family Unity" page and instructions on the USCIS website.

Filing an I-817 Application for Family Unity Benefits

In order to apply for Family Unity benefits, you are required to submit separate forms I-817 for each qualifying member of the family. You will need to provide documents showing your spouse or parent's status under one of the legalization programs, your relationship to that person (a birth or marriage certificate), and evidence of your entry into the U.S. and continuous residence here since 1988 (such as school, employment, and medical records). See the USCIS's instructions to Form I-817 for details. 

Getting Help

An immigration attorney will be able to assist in figuring out whether you are eligible for Family Unity and with filing an I-817 application.