Do You Qualify for U Nonimmigrant Status? A Guide for Victims of Criminal Activity

U Nonimmigrant Eligibility

You may be eligible for U nonimmigrant status if:

• You are the victim of a qualifying criminal activity;
• You have suffered substantial physical or mental abuse as a result of being a victim of the criminal activity;
• You have information about the criminal activity (if under 16 or unable to provide information due to disability, a parent, guardian, or next friend may possess this information on your behalf);
• You were helpful, are helpful, or are likely to be helpful to law enforcement in the investigation or prosecution of the crime (again, a parent, guardian, or next friend may assist on behalf of those under 16 or those with disabilities);
• The crime occurred in the United States or violated US laws; and
• You are admissible to the United States (if not, you may apply for an inadmissibility waiver on Form I-192).

Qualifying Criminal Activities

Abduction, abusive sexual contact, blackmail, domestic violence, extortion, false imprisonment, female genital mutilation, felonious assault, fraud in foreign labor contracting, hostage, incest, involuntary servitude, kidnapping, manslaughter, murder, obstruction of justice, peonage, perjury, prostitution, rape, sexual assault, sexual exploitation, slave trade, stalking, torture, trafficking, witness tampering, unlawful criminal restraint, and other related crimes (including crimes where the elements are substantially similar to any of the above, and attempt, conspiracy, or solicitation to commit any of the above).

Applying for U Nonimmigrant Status

File Form I-918, Petition for U Nonimmigrant Status, along with Form I-918, Supplement B, U Nonimmigrant Status Certification — signed by an authorized official of a certifying law enforcement agency confirming that you were helpful, are helpful, or will likely be helpful in the investigation or prosecution. If inadmissibility issues exist, file Form I-192 for a waiver. All U nonimmigrant applications and related forms are filed with the USCIS Vermont Service Center and are fee-exempt.

U nonimmigrant applications may also be filed from outside the United States. If filed abroad, the applicant must follow USCIS instructions (including biometrics at the nearest US Embassy or Consulate) and, if approved, must complete consular processing to enter the US.

Filing for Qualifying Family Members

File Form I-918, Supplement A (Petition for Qualifying Family Member of U-1 Recipient) for each qualifying family member, concurrently with or after the principal petition. The principal petition must be approved before family members are eligible for derivative U visa status.

Safe Address and Confidentiality

If you do not feel safe receiving USCIS mail at your home address, you may use a safe address on your petition. Information in a U nonimmigrant petition is strictly confidential and protected by law. DHS may only share it in very limited circumstances and may not deny a petition based on evidence provided solely by your abuser or other prohibited sources (unless a statutory exception applies).

U Visa Cap and Waiting List

The annual cap for principal U nonimmigrant petitioners is 10,000 per fiscal year. There is no cap for derivative family members. When the cap is reached, USCIS places eligible petitioners on a waiting list and grants them deferred action or parole, allowing them to apply for employment authorization while waiting. Once visas become available, petitioners are notified and processed in the order petitions were received.

Employment Authorization

Principal U nonimmigrant petitioners are employment authorized incident to status once the petition is approved — an EAD is automatically issued without filing Form I-765. Derivative family members residing in the US are also employment authorized incident to status after approval, but an EAD is not automatically issued — they must file Form I-765 to obtain one. Employment authorization and EAD issuance for both principals and derivatives can only occur after the underlying petition is approved.

Additionally, principal petitioners and derivatives with pending bona fide petitions may receive deferred action and employment authorization. USCIS issues a notice when a Form I-765 needs to be filed for bona fide determination employment authorization.

U Visa Extensions

U nonimmigrant status is initially valid for 4 years. Extensions are available in limited circumstances: based on a law enforcement request; exceptional circumstances; consular processing delays; or automatic extension pending a filed adjustment of status application.

Pathway to Permanent Residence

You may apply for a Green Card if: you have been physically present in the United States for a continuous period of at least 3 years while in U nonimmigrant status; and you have not unreasonably refused to provide assistance to law enforcement since receiving your U visa. File Form I-485 for yourself, and Form I-929 (Petition for Qualifying Family Member of U-1 Nonimmigrant) for any qualifying family members. Note: any qualifying family member who does not have a derivative U visa when the principal receives a Green Card is no longer eligible for derivative U visa status but may still be eligible for LPR status through I-929.