What Is a U Visa?

Congress created the U visa so immigrant crime victims could come forward and help police without fear of deportation.

Who qualifies

You must (8 U.S.C. 1101(a)(15)(U); USCIS):

• Be a victim of a qualifying crime, such as domestic violence, sexual assault, rape, trafficking, kidnapping, felonious assault, stalking, extortion, witness tampering, involuntary servitude, or attempts or conspiracies to commit them
• Have suffered substantial physical or mental abuse as a result
• Have information about the crime
• Have been, be, or be likely to be helpful to law enforcement, prosecutors, judges or certain agencies
• The crime occurred in the US or violated US law

Immigration status does not matter, and many inadmissibility grounds can be waived.

The law enforcement certification

You need Form I-918 Supplement B, signed by a certifying official at a police department, prosecutor's office, judge, or certain other agencies, confirming your helpfulness. Agencies are not required to sign. There is no fee for Form I-918 (USCIS).

The cap and the wait

Only 10,000 principal U visas are available per year (8 U.S.C. 1184(p)), far fewer than the number of petitions, so cases can take many years. USCIS may grant deferred action and work authorization to petitioners with pending, bona fide petitions while they wait, and places approvable petitions on a waiting list with deferred action.

Family members

Certain relatives can be included as derivatives: for a victim under 21, spouse, children, parents and unmarried siblings under 18; for a victim 21 or older, spouse and children.

Benefits

• Status for up to four years
• Work authorization
• After three years of continuous presence in U status, eligibility to apply for a green card if conditions are met

How to start

1. Report the crime and cooperate with law enforcement.
2. Request the I-918 Supplement B certification.
3. Gather evidence of the abuse you suffered: medical and counseling records, statements, police reports.
4. File Form I-918 and any waiver (Form I-192).

If you were abused by a US citizen or permanent resident spouse or parent, also see VAWA. For trafficking victims, see T visas. An immigration lawyer or nonprofit can help prepare the petition.

Sources

1. USCIS: Victims of criminal activity, U nonimmigrant status
2. USCIS: Form I-918, Petition for U Nonimmigrant Status
3. Cornell Law School LII: 8 U.S.C. 1101(a)(15)(U)
4. Cornell Law School LII: 8 U.S.C. 1184(p), Requirements applicable to section 1101(a)(15)(U) visas