U Visa for Crime Victims: What It Is and How to Apply
If you were the victim of a serious crime in the United States, you may be eligible for a U visa — a special immigration status designed to protect crime victims and encourage them to cooperate with law enforcement. The U visa provides lawful status, work authorization, and eventually a path to a green card.
What Is the U Visa?
The U nonimmigrant status (U visa) was created by Congress in 2000 to protect immigrant victims of crime. It is available regardless of your current immigration status — even if you are undocumented or in removal proceedings.
The U visa allows you to:
- Live and work legally in the United States for up to 4 years
- Obtain an Employment Authorization Document (EAD)
- Apply for a green card after 3 years in U visa status
- Include certain family members on your case
Who Qualifies for a U Visa?
To qualify for a U visa, you must:
- Have been a victim of a qualifying criminal activity that violated U.S. laws
- Have suffered substantial physical or mental abuse as a result of the crime
- Have information about the crime (or have provided it to authorities)
- Be helpful, likely to be helpful, or have been helpful to law enforcement in the investigation or prosecution of the crime
- The crime must have occurred in the United States (or violated U.S. federal law)
What Crimes Qualify?
The law provides a specific list of qualifying crimes, including:
- Domestic violence
- Sexual assault
- Rape
- Kidnapping
- Trafficking
- Felonious assault
- Murder/manslaughter
- Robbery
- Extortion
- Witness tampering
- Obstruction of justice
- Torture
- Female genital mutilation
- And many others
"Attempt, conspiracy, or solicitation" to commit these crimes also qualifies.
The Law Enforcement Certification (Form I-918B)
One of the most critical — and most misunderstood — parts of the U visa process is the law enforcement certification.
You must obtain a certification (Form I-918, Supplement B) signed by a qualifying law enforcement agency certifying that:
- A qualifying crime occurred
- You are a victim
- You have been, are, or are likely to be helpful in the investigation or prosecution
Certifying agencies can include police departments, prosecutors' offices, federal agencies (FBI, DHS), courts, and in some cases, child protective services.
Important: You do not need the perpetrator to be arrested, charged, or convicted. You only need to have been cooperative with law enforcement.
Family Members Who Can Be Included
- U visa petitioner under 21: Can include spouse, children, parents, and unmarried siblings under 18
- U visa petitioner 21 or older: Can include spouse and children
Family members receive derivative U visas (U-2, U-3, etc.) and can work and reside in the U.S.
How Long Does the U Visa Process Take?
The U visa is subject to an annual cap of 10,000 visas per year. USCIS has a backlog that has resulted in years-long waiting lists. However, while waiting, applicants may receive a bona fide determination (BFD) — which grants deferred action and work authorization while awaiting the visa.
Path to a Green Card
After 3 years in valid U visa status, you may apply for a green card (adjustment of status) if you:
- Have been continuously present in the U.S.
- Have not unreasonably refused to assist law enforcement
- Your presence in the U.S. is justified on humanitarian grounds
Contact Our U Visa Attorneys
Attorney Reyadh Nagi has experience representing U visa clients and works with law enforcement agencies throughout New York City.
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