The U nonimmigrant status (U visa) provides immigration relief to victims of certain qualifying crimes who have suffered substantial physical or mental abuse and who assist law enforcement in the investigation or prosecution of those crimes. The U visa was created by the Victims of Trafficking and Violence Protection Act of 2000 to encourage victims to cooperate with law enforcement regardless of their immigration status.
32 steps across 4 sections
1. Eligibility
- Victim of a qualifying crime Including but not limited to domestic violence, sexual assault, trafficking, kidnapping, abduction, extortion, false imprisonment, involuntary servitude, manslaughter, murder, felonious assault, wi...
- Suffered substantial physical or mental abuse as a result of the crime.
- Possess information about the criminal activity You must have knowledge of details regarding the crime.
- Were helpful, are being helpful, or are likely to be helpful to law enforcement or government officials in the investigation or prosecution of the crime.
- The crime occurred in the United States or violated U.S. laws.
- Law enforcement certification Must obtain a signed certification (Form I-918, Supplement B) from a qualifying law enforcement agency.
- Admissible to the U.S. , or qualify for a waiver of inadmissibility (Form I-192).
2. Steps Process
- Report the crime to a law enforcement agency (if not already done).
- Obtain law enforcement certification: Request that a qualifying certifying agency (police, prosecutors, judges, federal/state agencies) complete and sign Form I-918, Supplement B. This certificatio...
- Prepare and file Form I-918 (Petition for U Nonimmigrant Status) with USCIS.
- File Form I-918, Supplement A for each qualifying family member (spouse, children under 21, parents/siblings if petitioner is under 21).
- File Form I-192 (if needed) for waiver of inadmissibility grounds.
- USCIS reviews the petition: If the annual 10,000 cap is reached, eligible petitioners are placed on a waitlist and granted deferred action status with work authorization.
- Receive U visa approval when a visa number becomes available.
- After 3 years in U status: Apply for Adjustment of Status (green card) if you have been continuously present in the U.S. for 3 years, have not unreasonably refused to cooperate with law enforcement...
3. Documents Needed
- Form I-918 (Petition for U Nonimmigrant Status)
- Form I-918, Supplement B (U Nonimmigrant Status Certification, signed by law enforcement)
- Form I-918, Supplement A (for each qualifying family member)
- Personal statement describing the crime and its impact
- Evidence of the crime:
- Restraining/protection orders
- Photographs of injuries
- News articles about the crime
- Evidence of substantial abuse (physical or mental):
- Psychological evaluation
4. Timeline
- Law enforcement certification Varies widely; some agencies respond in weeks, others in months.
- USCIS initial review Several months to determine prima facie eligibility.
- Waitlist period 4-5+ years due to the 10,000 annual cap and high demand.
- While waitlisted Receive deferred action status and work authorization.
- U visa grant (after waitlist) 4 years of U nonimmigrant status.
- Green card eligibility After 3 years of continuous presence in U status.
- Total from filing to green card 7-10+ years.
Common Mistakes
- Not obtaining the law enforcement certification
- Filing without sufficient evidence of substantial abuse
- Waiting too long to file
- Not cooperating with law enforcement
- Misunderstanding the waitlist
Pro Tips
- Deferred action while waiting
- Multiple certifying agencies
- Free legal assistance
- No immigration status requirement
- Derivative family members