Initial Maximum Stay
Annual Principal Visas
To Green Card
Included
Humanitarian protection for crime victims who assist law enforcement
The U visa (U nonimmigrant status) is a humanitarian visa created by Congress to protect crime victims who have suffered substantial physical or mental abuse and are willing to assist law enforcement in the investigation or prosecution of criminal activity.
The U visa strengthens law enforcement's ability to investigate and prosecute serious crimes while offering protection to victims regardless of immigration status. It provides a path to permanent residency after 3 years.
Congress caps U visas at 10,000 principal applicants per year. Due to high demand, current wait times are several years. However, eligible applicants may receive Bona Fide Determination granting work authorization and deferred action while waiting.
All U visa applications are handled with strict confidentiality. USCIS does not share victim information with perpetrators. Your safety and privacy are paramount throughout the entire process.
Crimes that make victims eligible for U visa protection
The list below is not exhaustive. "Similar activities" with substantially similar elements to the listed crimes also qualify. State or federal equivalents of these crimes are eligible.
The statute includes "any similar activity" where the elements are substantially similar to the listed crimes. This means:
Important: If you're unsure whether your situation qualifies, consult with an immigration attorney. Many crimes not explicitly listed may still qualify under "similar activities."
If you suffered multiple qualifying crimes, you only need to establish eligibility for one qualifying crime. However, documenting all crimes can strengthen your case and show the full extent of abuse suffered.
Four key criteria you must meet to qualify
You must have been a victim of criminal activity that violates U.S. law and is one of the qualifying crimes listed in the statute.
You must have suffered substantial physical or mental abuse as a direct result of the criminal activity.
You must possess information about the crime and be, have been, or are likely to be helpful in investigation or prosecution.
The criminal activity must have occurred in the United States or violated U.S. laws (including U.S. territories).
The "helpfulness" requirement is flexible and victim-centered. Here's what qualifies:
Important: You can still qualify even if the perpetrator was never arrested, charged, or convicted. The key is that you were helpful or are willing to be helpful to law enforcement.
USCIS evaluates the severity of harm based on multiple factors:
You can qualify for U visa regardless of your current immigration status. Even if you're undocumented, overstayed a visa, or have other immigration violations, you can still apply for U visa if you meet the eligibility requirements.
Step-by-step guide to filing Form I-918 petition
Due to the annual cap of 10,000 principal U visas, processing times are currently several years. However, eligible applicants may receive Bona Fide Determination within 6-12 months, granting work authorization and deferred action while waiting for final approval.
Secure signed Form I-918, Supplement B from a certifying official confirming you were helpful to law enforcement.
Important: Certification must be signed within 6 months of filing I-918. If agency refuses, consult attorney about options.
Submit complete U visa petition package to USCIS with all supporting evidence.
While waiting for final U visa approval, USCIS may grant Bona Fide Determination providing interim benefits.
Annual Cap Impact: Only 10,000 principal U visas per fiscal year. Current waitlist is several years. Bona Fide Determination provides legal status while waiting.
When U visa becomes available, USCIS grants final U nonimmigrant status.
Family Members: Derivative family members included in petition also receive U-2, U-3, U-4, or U-5 status depending on relationship.
After maintaining continuous physical presence in U status for at least 3 years, apply for permanent residence.
6-12 months
Bona Fide
Several years
Final U visa
3+ years
In U status
12-24 months
Green card
Total Cost: Free I-918 + $1,440 I-485 (may waive) = $0-$1,440
Comprehensive documentation checklist for I-918 petition
Without signed Supplement B: Your I-918 petition will be rejected. The law enforcement certification is absolutely required.
Detailed personal declaration describing:
Qualifying family members can be included in your petition for derivative U visa status.
Petition for Qualifying Family Member
One Supplement A required for each family member. Qualifying family members include:
If you have certain immigration violations or criminal history, you may need to file Form I-192 (Application for Advance Permission to Enter as Nonimmigrant) to waive inadmissibility grounds.
Good News: U visa waivers are generally granted liberally for qualifying victims. Many inadmissibility grounds can be waived.
Tip: Keep complete copies of your entire petition. USCIS processing takes years, and you may need to reference your original submission. Store safely!
Common questions about U visa for crime victims
A conviction, prosecution, or even an arrest is NOT required for you to be eligible for U nonimmigrant status.
Common Scenarios: Many U visas are approved when perpetrator was never arrested, charges were dropped, case was dismissed, or perpetrator fled. The key is YOUR helpfulness, not the outcome of the criminal case.
U visa processing times are long due to the annual cap of 10,000 principal visas per fiscal year.
| Stage | Timeline |
|---|---|
| Receipt Notice (I-797C) | 2-4 weeks after filing |
| Bona Fide Determination | 6-12 months |
| Placed on Waitlist | If cap reached |
| Final U Visa Approval | Several years (currently 5-7+ years) |
Good News: While waiting for final U visa approval, eligible applicants receive:
Current Reality: Due to high demand, waitlist is 5-7+ years. However, Bona Fide status provides legal protection and work authorization throughout the wait, so you're not left without status.
Qualifying family members can receive derivative U visa status when included in your petition.
| Principal Applicant's Age | Qualifying Family Members |
|---|---|
| Under 21 |
|
| 21 or Over |
|
File Form I-918, Supplement A for each qualifying family member:
Benefits for Derivatives: Family members receive same benefits as principal - work authorization, legal status, path to green card after 3 years. They do NOT need to be crime victims themselves.
U visa provides a direct path to permanent residency (green card) after meeting specific requirements.
| Milestone | Timeline |
|---|---|
| 3 years in U status | Required before filing I-485 |
| I-485 processing | 12-24 months typically |
| Green Card Approval | Permanent resident status |
| Green card validity | 10 years (renewable) |
| Citizenship eligibility | After 5 years as permanent resident |
Family Members Too: Derivative family members (U-2, U-3, U-4, U-5) can also apply for green cards at the same time as the principal applicant after 3 years in U status.
Law enforcement certification (Form I-918, Supplement B) is required for U visa, but refusal to sign does happen. Here are your options:
Immigration attorneys often have relationships with law enforcement agencies and can educate officials about U visa requirements. They can draft certification requests, provide legal information to agencies, and advocate on your behalf. Many agencies are more willing to cooperate when working with legal counsel.
Important: Without law enforcement certification, you cannot proceed with U visa petition. However, don't give up - be persistent, try different agencies/officials, and consider consulting with an immigration attorney who has U visa experience.
U visa applications are handled with strict confidentiality to protect victims.
Your Safety First: If you have concerns about safety during the U visa process, inform your attorney and USCIS immediately. Additional protective measures can be implemented if needed.
Schedule a confidential consultation with our U visa specialists. Your safety and privacy are our top priority.
The U visa provides protection for crime victims who have suffered substantial abuse and are willing to help law enforcement. Our compassionate immigration specialists understand the sensitive nature of U visa cases. We handle your case with strict confidentiality, guide you through obtaining law enforcement certification, prepare comprehensive petitions with strong evidence of abuse, and support you from initial filing through green card application. You deserve safety, legal status, and a path to permanent residency.
Your safety is our priority
Legal status & safety
Employment permitted
Derivative status
After 3 years
Other immigration protections for victims and vulnerable individuals
Protection for victims of severe forms of human trafficking (sex or labor trafficking).
For abused spouses, children, or parents of U.S. citizens or lawful permanent residents.
Protection for individuals fleeing persecution in their home country based on protected grounds.
Important: Some individuals may qualify for multiple humanitarian protections. Consult with an immigration attorney to determine the best strategy for your specific situation!
| Factor | U Visa | T Visa | VAWA | Asylum |
|---|---|---|---|---|
| For Whom | Crime victims | Trafficking victims | DV victims (USC/LPR family) | Persecution victims |
| Initial Duration | 4 years | 4 years | N/A (direct to GC) | Indefinite |
| Work Authorization | Yes (included) | Yes (included) | Yes (available) | Yes (after 150 days) |
| Green Card Path | After 3 years | After 3 years | Direct application | After 1 year |
| Annual Cap | 10,000 | 5,000 | None | None |
| Family Inclusion | Yes (extensive) | Yes (limited) | Yes (children) | Yes (spouse/children) |
| Key Requirement | Law enforcement certification | Cooperation with investigation | Abuse by USC/LPR | Fear of persecution |
Note: This is a simplified comparison. Each case is unique and eligibility requirements are complex. Consult with an experienced immigration attorney to determine which option is best for your situation.