If you have been the victim of a serious crime in the United States, you may be afraid to talk to the police because of your immigration status. The U visa was created exactly for this situation: it offers immigration protection to certain crime victims who cooperate with law enforcement.
A U visa lawyer helps you understand whether your case fits the U visa rules, how to approach police or prosecutors for certification, which forms to file, how to deal with long processing times, and what the U visa means for your future green card options.
This guide explains what a U visa is, who qualifies, how the process works in plain language, what to expect while you wait, and how a lawyer can help.
What Is a U Visa?
The U nonimmigrant status (U visa) is for victims of certain qualifying criminal activities who have suffered substantial physical or mental abuse and who are helpful to law enforcement or prosecutors in investigating or prosecuting the crime. The U.S. Citizenship and Immigration Services (USCIS) describes this in detail on its page about Victims of Criminal Activity: U Nonimmigrant Status.
The goals of the U visa are to:
- Encourage crime victims, including those without status, to report crimes and help investigations
- Protect victims who might otherwise be afraid to speak with police
- Strengthen law enforcement’s ability to investigate and prosecute serious offenses.
U visa holders can usually:
- Live and work lawfully in the United States for a limited period
- Apply for certain family members to receive related U status
- Apply for a green card later, if they meet additional requirements.
Who Qualifies for a U Visa?
USCIS policy explains the basic eligibility in its Policy Manual guidance on U nonimmigrant status. In general, you must show that:
- You are or were the victim of a qualifying criminal activity (such as domestic violence, sexual assault, trafficking, kidnapping, felonious assault, and other serious crimes, including similar offenses under state or local law)
- The crime violated U.S. law or occurred in the United States or its territories
- You suffered substantial physical or mental abuse because of the crime
- You have information about the crime
- You have been helpful, are being helpful, or are likely to be helpful to law enforcement or other authorities in the investigation or prosecution
- You are admissible to the United States or qualify for a waiver of inadmissibility.
The “qualifying criminal activity” list is broad and includes many related or similar offenses. A U visa lawyer can help you analyze whether the crime in your case fits into one of the categories.
Family members of a principal U-1 victim may qualify for related statuses (for example, U-2 for spouses and U-3 for certain children) if the principal meets the requirements and includes them correctly in the process.
Law Enforcement Certification (Form I-918, Supplement B)
One of the most important parts of a U visa case is the law enforcement certification. USCIS requires a signed certification from a law enforcement official, judge, prosecutor, or similar authority on Form I-918, Supplement B, which is available as a fillable PDF on the USCIS page for Form I-918, Supplement B.
This certification confirms that:
- A qualifying crime occurred
- You were a victim of that crime
- You have been, are being, or are likely to be helpful in the investigation or prosecution.
Different police departments and prosecutors’ offices have different policies about signing these certifications. Some have clear procedures and dedicated units; others are unfamiliar with the U visa or reluctant to sign. A U visa lawyer can help:
- Identify the right agency and contact person
- Explain the U visa program to that agency if needed
- Present the request in a clear, organized way
- Follow up professionally without putting you at risk.
Without a properly signed Supplement B, USCIS will usually not approve a U visa petition.
The U Visa Process in Plain Language
From the victim’s point of view, the U visa process usually moves in stages.
1. Reporting and Cooperation
First, you report the crime to police or another appropriate authority and cooperate with the investigation as much as you safely can. This might include:
- Giving a detailed statement
- Identifying the offender
- Providing documents or messages
- Testifying in court, if the case goes that far.
A U visa is not a reward for “putting someone in prison.” It is based on your helpfulness, not on whether the case ends in a conviction.
2. Getting the Certification
Once you have cooperated, your lawyer will usually work on obtaining Form I-918, Supplement B from the right law enforcement agency or prosecutor. This step can take time and may require advocacy and patience.
3. Preparing the U Visa Petition
The main form for the U visa is Form I-918, Petition for U Nonimmigrant Status, filed with USCIS. The USCIS page for Form I-918, Petition for U Nonimmigrant Status explains who can file and the basic filing rules, and the separate Form I-918 Instructions describe the evidence USCIS expects.
A complete U visa filing often includes:
- Form I-918 for the principal victim
- Form I-918, Supplement A, for each qualifying family member being included
- A detailed personal statement describing the crime and its effects
- The signed Supplement B law enforcement certification
- Evidence of the crime (police reports, court records, medical or counseling records, photos, messages, etc.)
- Evidence of the harm you suffered (physical and psychological)
- If needed, Form I-192 for a waiver of inadmissibility.
Because of the amount of documentation, many victims find it helpful to work with a lawyer and, in some cases, a counselor or therapist who can help document the emotional impact.
4. Long Wait Times, the Cap, and the Bona Fide Determination
The Congress set a limit of 10,000 principal U-1 visas per year. USCIS confirms this on its U visa overview page, which explains that while there is a cap for principals, there is no numeric cap for qualifying family members once the victim is approved. The combination of the cap and high demand has created a large backlog for U cases.
USCIS introduced a bona fide determination (BFD) process to provide earlier protection for deserving cases. Under this policy, described in the USCIS Policy Manual chapter on the bona fide determination process, USCIS can review a U visa petition at an initial stage and, if it appears properly filed and the background checks are clear, grant:
- Deferred action (protection from removal)
- Eligibility to apply for a work permit while the case waits for a final decision.
If a case does not receive a BFD but otherwise appears approvable, USCIS can place it on a waiting list with similar protections until a visa number becomes available.
Because every case is different and policies change over time, a U visa lawyer can explain what these terms mean for your specific situation right now.
Work Authorization and Status While You Wait
For many victims, the most urgent question is: Can I still work?
The general pattern is:
- When USCIS grants a bona fide determination or places a case on the waiting list, the person usually receives deferred action and becomes eligible to apply for an Employment Authorization Document (EAD).
- The work permit is normally granted for several years at a time and can be renewed while the U petition remains pending, as long as USCIS continues to recognize the case as bona fide or waitlisted.
USCIS explains work and other benefits of U status as part of its broader discussion of Victims of Human Trafficking and Other Crimes, which covers both T and U visas.
Work authorization rules can be technical, and they also interact with any other applications you might have (such as asylum or family-based petitions). A U visa lawyer can help you choose the safest categories and timing when you file for a work permit.
Path to a Green Card Through a U Visa
The U visa is not just temporary protection. For many people, it can become a path to permanent residence.
USCIS explains on its page about Green Cards for U Nonimmigrants that certain U-1 nonimmigrants may apply for a green card after they:
- Have been physically present in the United States for a continuous period (usually at least three years) while in U status, and
- Have not unreasonably refused to provide assistance to law enforcement since receiving the U visa, and
- Meet other admissibility and discretionary requirements.
Some qualifying family members in U status may also be able to apply for permanent residence based on the principal’s U history.
Because the green card step is discretionary and involves a review of your entire history, including any criminal or immigration issues, most people choose to work with a lawyer for this phase.
How Is a U Visa Different From VAWA, T Visas, or Asylum?
People often hear about U visas alongside VAWA, T visas, and asylum, but they serve different purposes:
- VAWA focuses on certain victims of abuse by U.S. citizens or permanent-resident spouses, parents, or adult children, and does not require ongoing cooperation with police.
- T visas are for victims of human trafficking who meet specific requirements and assist in trafficking investigations or prosecutions.
- Asylum is based on fear of persecution in your home country because of a protected ground (such as race, religion, nationality, political opinion, or particular social group).
The U visa is often a better fit when the key facts are:
- A serious crime in the U.S. or in violation of U.S. law
- Significant physical or mental harm
- Willingness to cooperate with a criminal investigation or prosecution, proven by a Supplement B certification.
A U visa lawyer can look at your full story and explain which, if any, of these options might apply, or whether a combination strategy makes sense.
How Does a U Visa Lawyer Help?
A lawyer can:
- Screen all your options carefully. They review your immigration history, criminal records (if any), prior applications, and family situation to see whether the U visa is the best strategy, or whether you should also pursue asylum, VAWA, family-based options, or other relief.
- Work with law enforcement on certification. They help identify the right agency to approach, prepare a clear certification packet, and communicate with police or prosecutors in a way that supports your case while respecting their role and your safety.
- Build strong evidence of harm and helpfulness. They help collect police reports, court records, medical records, counseling notes, photographs, and detailed personal statements that show both the crime and its impact on you.
- Handle waivers and past problems. Many U visa applicants have past immigration violations or other issues. A lawyer can prepare waiver requests and explain to USCIS why you still deserve a favorable exercise of discretion.
- Plan for the long wait. They explain what to expect from the backlog, how the bona fide determination and waiting list work in practice, when and how to apply for work authorization, and what to do if you move, change jobs, or have other life changes while the case is pending.
- Prepare you for the green card step. After you receive U status, they help you track physical presence, keep cooperating with law enforcement when required, and prepare for an eventual adjustment of status application when you become eligible.
Having someone who understands both the humanitarian side and the technical legal rules can be especially important for crime victims, who are already dealing with trauma and often do not want to talk about the crime more than necessary.
Conclusion
The U visa is a powerful option for certain victims of serious crimes who are willing to help law enforcement, but the rules are complex and the process can take years. Eligibility depends on the type of crime, the harm you suffered, your cooperation with investigators or prosecutors, and a detailed set of immigration requirements. On top of that, long backlogs, changing policies, and the need for law-enforcement certification make it hard to handle alone.
A U visa lawyer can guide you through each step, from approaching the right agency for certification to preparing a complete petition, requesting waivers if needed, and planning for work authorization and a future green card. With the right strategy and support, you do not have to choose between your safety and your immigration future, because you can protect both.
Disclaimer: This page provides general information, not legal advice. Immigration rules and procedures change. Always rely on current instructions from USCIS and the U.S. Department of State (linked above) and consult a qualified attorney about your specific situation.
Leave a Reply