U Visa - Protection for Crime Victims
U Visa Overview
What is a U Visa?
The U visa provides immigration protection for victims of certain crimes who have been helpful to law enforcement in the investigation or prosecution of criminal activity. It offers temporary legal status and work authorization for up to 4 years.
Key Purpose
Created by Congress in 2000 to strengthen law enforcement's ability to investigate and prosecute crimes while protecting victims who may otherwise be afraid to come forward due to immigration status concerns.
Eligibility Requirements
U Visa Qualification Criteria
- Must be a victim of qualifying criminal activity that occurred in the United States
- Must have suffered substantial physical or mental abuse as a result of the criminal activity
- Must have information about the criminal activity that was helpful, is being helpful, or is likely to be helpful to law enforcement
- Must obtain certification from law enforcement agency, prosecutor, judge, or other authority
- Criminal activity must have violated U.S. laws or occurred in the United States
- Must be admissible to the United States or eligible for waiver of inadmissibility
Qualifying Criminal Activities
Criminal Activities Covered by U Visa
- Domestic violence and dating violence
- Sexual assault, rape, and sexual abuse
- Human trafficking and involuntary servitude
- Kidnapping and abduction
- Murder and manslaughter
- Torture and cruel treatment
- Incest and child abuse
- Female genital mutilation
- Witness tampering and obstruction of justice
- Perjury and fraud in foreign labor contracting
- Blackmail and extortion
- Stalking and cyberstalking
- Unlawful criminal restraint
- Being held hostage
- Slave trade and peonage
- Similar activities where criminal activity occurred
Application Process
U Visa Application Steps
1
Obtain Law Enforcement Certification
Get Form I-918 Supplement B certification from qualifying law enforcement agency, prosecutor, judge, or other certifying official confirming your helpfulness in investigation or prosecution.
2
Prepare Supporting Evidence
Gather documentation proving you are a victim of qualifying criminal activity, including police reports, medical records, court documents, and evidence of cooperation with authorities.
3
File Form I-918
Submit Form I-918 Petition for U Nonimmigrant Status with all supporting documentation and required fees to USCIS for processing.
4
Biometrics Services
Attend biometrics appointment for background check processing and security screening as required by USCIS.
5
Receive Decision
USCIS issues approval or denial decision. If approved, receive U visa status and work authorization for up to 4 years with possible green card eligibility after 3 years.
Required Documentation
U Visa Application Documents
- Form I-918 Petition for U Nonimmigrant Status
- Form I-918 Supplement B (Law Enforcement Certification)
- Personal statement describing the criminal activity and your victimization
- Police reports, court records, or other evidence of criminal activity
- Medical records documenting physical or mental abuse
- Evidence of cooperation with law enforcement investigation
- Birth certificate or other proof of identity
- Photos meeting USCIS specifications
Law Enforcement Certification
Certifying Agencies
Qualifying Law Enforcement Agencies
- Local police departments and sheriff offices
- State police and investigation bureaus
- Federal agencies (FBI, ICE, DEA, ATF, etc.)
- Prosecutors' offices and district attorneys
- Judges presiding over criminal cases
- Child Protective Services and adult protective services
- Equal Employment Opportunity Commission (EEOC)
- Department of Labor agencies investigating labor violations
Certification Process
Form I-918 Supplement B
The certifying official completes Supplement B confirming: (1) the petitioner is a victim of qualifying criminal activity, (2) the petitioner has information about the criminal activity, and (3) the petitioner has been, is being, or is likely to be helpful in the investigation or prosecution.
Family Members and Derivatives
Qualifying Family Members
- Spouse of U visa petitioner (any age)
- Unmarried children under 21 of U visa petitioner
- If petitioner is under 21: parents and unmarried siblings under 18
- Qualifying family members receive U visa derivative status
- Family members included even if not victims themselves
- Same work authorization and green card eligibility as principal applicant
Benefits and Limitations
U Visa Benefits and Restrictions
- Work authorization for up to 4 years in the United States
- Protection from removal during valid U visa status
- Possible eligibility for green card after 3 years of continuous presence
- Annual cap of 10,000 principal U visas per fiscal year
- Waiting list if annual cap is reached - receive deferred action
- Must maintain continuous physical presence for green card eligibility
- Cannot travel outside U.S. without advance parole authorization
Annual Cap and Waiting List
10,000 Annual Limit
USCIS can approve a maximum of 10,000 principal U visas per fiscal year. When this limit is reached, qualifying applicants are placed on a waiting list and may receive deferred action and work authorization while waiting.
Waiting List Process
Applicants on the waiting list receive a letter explaining their status and may be granted deferred action. They can apply for work authorization and are protected from removal while waiting for a U visa to become available.
Path to Permanent Residence
Green Card Eligibility
U visa holders may apply for permanent residence (green card) after maintaining continuous physical presence in the United States for 3 years while in U visa status. This pathway provides long-term immigration benefits for crime victims who have assisted law enforcement.
Common Challenges and Solutions
Typical Application Challenges
- Obtaining law enforcement certification can be difficult or delayed
- Language barriers in communicating with law enforcement
- Fear of deportation preventing cooperation with authorities
- Trauma-related difficulties in recounting criminal activity details
- Gathering evidence when documents were destroyed or unavailable
- Meeting statutory deadlines while dealing with ongoing legal proceedings
- Understanding complex legal requirements without attorney assistance
Processing Information
Current Processing Times
U visa processing times vary significantly due to high demand and the annual cap. Initial processing for determining eligibility typically takes 2-5 years. Check USCIS processing time estimates for current information.
Filing Fees and Costs
Form I-918: No filing fee required. Biometrics fee: $85. Additional costs may include medical examinations, document translation, and legal representation. Fee waivers not available as there is no filing fee.
Important Considerations
Critical Points
- Law enforcement certification is essential - petition cannot be approved without it
- Cooperation with law enforcement must be ongoing throughout the process
- Criminal activity must have violated U.S. laws or occurred in the United States
- Legal representation strongly recommended due to complex requirements
- Maintain current address and comply with all USCIS requests during processing
Additional Resources
USCIS U Visa Information
Official USCIS guidance on U visas for crime victims
Visit USCIS(opens in new tab)Form I-918 Petition
Official form for U nonimmigrant status petitions
Access I-918 Form(opens in new tab)