The U nonimmigrant status (U visa) is set aside for victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity. Congress created the U nonimmigrant visa with the passage of the Victims of Trafficking and Violence Protection Act in October 2000 to strengthen the ability of law enforcement to investigate and prosecute criminal activity while also protecting victims.
You are the victim of qualifying criminal activity
You have suffered substantial physical or mental abuse as a result of having been a victim of criminal activity
You have information about the criminal activity
You were helpful, are helpful, or are likely to be helpful to law enforcement in the investigation or prosecution of the crime
The crime occurred in the United States or violated U.S. laws
You are admissible to the United States (or obtain a waiver)
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Regulatory Criteria
U Nonimmigrant Eligibility Requirements
You may be eligible for a U nonimmigrant visa if you meet all of the following requirements:
Examples
You are the victim of qualifying criminal activity
You have suffered substantial physical or mental abuse as a result of the crime
You have information about the criminal activity
You were helpful, are helpful, or are likely to be helpful to law enforcement
The crime occurred in the United States or violated U.S. laws
You are admissible to the United States (waiver available if not admissible)
Qualifying Criminal Activities
The following crimes qualify for U nonimmigrant status. This includes attempt, conspiracy, or solicitation to commit any of these crimes, as well as similar crimes with substantially similar elements.
Rape, Sexual Assault, Abusive Sexual Contact, Sexual Exploitation, Incest
Murder, Manslaughter, Torture
Human Trafficking, Involuntary Servitude, Peonage, Slave Trade
Extortion, Blackmail, Fraud in Foreign Labor Contracting
Witness Tampering, Obstruction of Justice, Perjury
Female Genital Mutilation, Prostitution
Law Enforcement Certification
Form I-918, Supplement B, U Nonimmigrant Status Certification, must be signed by an authorized official of the certifying law enforcement agency.
Examples
Official must confirm you were helpful in investigation or prosecution
Official must confirm you are currently being helpful
Official must confirm you will likely be helpful in the case
Certification is required from a qualifying law enforcement agency
Filing for Qualifying Family Members
Certain qualifying family members are eligible for a derivative U visa based on their relationship to the principal petitioner.
Examples
If principal is under 21: May petition for spouse, children, parents, and unmarried siblings under 18
If principal is 21 or older: May petition for spouse and children only
File Form I-918, Supplement A, for qualifying family members
Principal's petition must be approved before family members can receive derivative status
U Visa Cap and Waiting List
The limit on U visas granted to principal petitioners each year is 10,000. There is no cap for family members deriving status from the principal applicant.
Examples
Annual cap of 10,000 U visas for principal petitioners
No cap for derivative family members (spouses, children, other eligible family)
If cap is reached, eligible petitioners placed on waiting list
Those on waiting list granted deferred action or parole
Waiting list petitioners eligible to apply for work authorization
U Visa Duration and Extensions
U nonimmigrant status is valid for four years. Extensions are available in certain limited circumstances.
Examples
U visa valid for four years
Extension available if needed based on law enforcement request
Extension available for exceptional circumstances
Extension available due to delays in consular processing
Automatic extension upon filing application for Green Card
Employment Authorization
Principal U nonimmigrant petitioners are employment authorized incident to status after the petition is approved.
Examples
Principal petitioners receive automatic EAD upon U visa approval
Derivative family members in U.S. are also employment authorized
Derivatives may file Form I-765 to obtain EAD document
Those with bona fide determination may receive work authorization and deferred action
Waiting list petitioners may apply for employment authorization based on deferred action
Path to Green Card
You may be eligible to apply for a Green Card (adjustment of status) if you meet certain requirements.
Examples
Physically present in U.S. continuously for at least 3 years in U status
Have not unreasonably refused to assist law enforcement since receiving U visa
File Form I-485 for yourself
File Form I-929 for qualifying family members who never had U status
Family members may also adjust to permanent residence
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Application Process
Obtain Law Enforcement Certification
Request Form I-918, Supplement B certification from qualifying law enforcement agency.
File Form I-918
Submit Petition for U Nonimmigrant Status with supporting evidence.
Request Waiver if Needed
File Form I-192 if any inadmissibility grounds apply.
Petition for Family Members
File Form I-918, Supplement A for qualifying family members.
USCIS Review
USCIS reviews petition and may place on waiting list if cap reached.
Receive U Visa
If approved, receive 4-year U nonimmigrant status and work authorization.
Maintain Status
Continue assisting law enforcement as required.
Apply for Green Card
After 3 years in U status, file Form I-485 for permanent residence.
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Key Benefits
Lawful nonimmigrant status for 4 years
Employment authorization
Protection from removal
Ability to petition for qualifying family members
Path to lawful permanent residence (Green Card) after 3 years
Confidentiality protections
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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, Petition for Qualifying Family Member (if applicable)
Form I-192, Application for Advance Permission to Enter as Nonimmigrant (if inadmissible)
Personal statement describing the crime and abuse suffered
Evidence of criminal activity (police reports, court records)
Evidence of substantial physical or mental abuse
Medical records, psychological evaluations
Evidence of helpfulness to law enforcement
Evidence of relationship to qualifying family members
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Frequently Asked Questions
What is the annual cap for U visas?
The limit on U visas granted to principal petitioners each year is 10,000. However, there is no cap for family members deriving status from the principal applicant. If the cap is reached, eligible petitioners are placed on a waiting list and granted deferred action with work authorization eligibility.
Can I work with a U visa?
Yes. Principal U nonimmigrant petitioners are employment authorized incident to status after the petition is approved, and an EAD is automatically issued. Derivative family members in the United States are also employment authorized but may need to file Form I-765 to obtain an EAD document.
How long is the U visa valid?
U nonimmigrant status is valid for four years. Extensions are available in certain limited circumstances, such as requests from law enforcement, exceptional circumstances, or while a Green Card application is pending.
Can I get a Green Card with a U visa?
Yes. You may apply for a Green Card after being physically present in the United States for a continuous period of at least 3 years while in U nonimmigrant status, and if you have not unreasonably refused to provide assistance to law enforcement.
Can I include my family members?
Yes. If you are under 21, you may petition for your spouse, children, parents, and unmarried siblings under 18. If you are 21 or older, you may petition for your spouse and children. File Form I-918, Supplement A for qualifying family members.
Is my information kept confidential?
Yes. Information about you or your petition for U nonimmigrant status is strictly confidential and protected by law. DHS can only share this information in very limited circumstances and may not deny your petition based on evidence provided solely by your abuser.
What if I am not admissible to the United States?
If you are not admissible, you may apply for a waiver by filing Form I-192, Application for Advance Permission to Enter as a Nonimmigrant, along with your U visa petition.
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Fees
Full service fee (Initial Installment: $1,200)
$4,500
FedEx Fee
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Fees are estimates and may change. Contact us for a quote for your specific case.
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