A U visa is nonimmigrant status under INA § 101(a)(15)(U) for victims of certain serious crimes who suffered substantial physical or mental abuse and who have been, are, or are likely to be helpful to law enforcement. You apply on Form I-918 with a certification signed by a police, prosecutorial or other certifying agency. U status lasts up to four years and can lead to a green card.
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| Governing law | INA § 101(a)(15)(U); green card under INA § 245(m) |
|---|---|
| Main forms | Form I-918 with Supplement B certification; Form I-192 waiver where needed |
| Who can apply | Victims of qualifying crimes who suffered substantial abuse and helped law enforcement |
| Certification | Signed by police, prosecutors, judges or another certifying agency |
| Family | Spouse and children; parents and unmarried siblings under 18 if the victim is under 21 |
| Where it leads | Up to four years of status; green card after three years of continuous presence |
Who qualifies for a U visa?
You may qualify for a U visa if you were the victim of a qualifying crime in the United States and suffered substantial physical or mental abuse because of it. You must also have helped, be helping or be likely to help the authorities. Your immigration status at the time of the crime does not matter. The U visa is one of the protections described in our overview of asylum and humanitarian immigration.
- A qualifying crime One of the crimes listed in the statute, or a similar offense, that happened in the United States or violated US law.
- Substantial abuse Physical or mental harm, judged by its severity, how long it lasted and its effect on you. Ongoing anxiety, sleep problems and fear can all count.
- Information about the crime Knowledge of details that could help an investigation or prosecution.
- Helpfulness Cooperation with law enforcement that was, is or is likely to be helpful. Reporting the crime and answering questions usually counts.
Some family members can qualify as indirect victims. When the direct victim died or cannot help because of the crime, a spouse or child may apply in their place. If the victim was under twenty-one, parents and unmarried siblings under eighteen may also apply.
Which crimes qualify?
The U visa statute lists more than two dozen categories of crime, and similar offenses under state law also count. The label on the police report matters less than what actually happened.
Qualifying crimes include domestic violence, sexual assault, rape, abusive sexual contact, stalking, felonious assault, kidnapping, abduction, false imprisonment, trafficking, involuntary servitude, forced labor, extortion, blackmail, fraud in foreign labor contracting, manslaughter and murder. Attempts, conspiracies and solicitations to commit these crimes also count, as do obstruction of justice, witness tampering and perjury in some circumstances.
Where the crime was trafficking or forced labor, the T visa for trafficking survivors may fit better. Unlike a U visa, it does not require a signed law enforcement certification.
Many U visa cases arise from domestic violence. If the person who harmed you is a US citizen or permanent resident spouse or parent, the VAWA self-petition may also be open to you. It does not require a law enforcement certification.
How does the law enforcement certification work?
Every U visa application needs Form I-918 Supplement B, the U visa certification. An official of a certifying agency signs it to confirm that you were a victim and have been helpful. USCIS cannot approve a U visa without it.
Certifying agencies include police departments, sheriff’s offices, district attorneys, judges, child and adult protective services, the Equal Employment Opportunity Commission and the Department of Labor. The official must sign within the six months before USCIS receives your application.
California adds protections of its own. Penal Code § 679.10 requires certifying agencies in the state to respond to certification requests within set time limits, which are shorter for people in removal proceedings. The agency must also presume that the victim has been helpful unless the victim refused reasonable requests for assistance.
Signing the certification does not decide the case. USCIS makes its own decision on every requirement, and the certification is one piece of evidence among several.
How do you apply for a U visa?
You apply for a U visa by filing Form I-918 with USCIS, together with the signed Supplement B certification, a personal statement and supporting evidence. USCIS decides most U visa cases on the written record, without an interview.
- Gathering records Police reports, court records, medical records and anything else that shows what happened. Your attorney can request most of these for you.
- Requesting the certification A written request to the certifying agency, with the information it needs to confirm your helpfulness.
- Your personal statement An account of the crime and its effect on you, written with your attorney at a pace that works for you.
- Filing the package Form I-918, Supplement B, any Form I-192 waiver, and Supplement A for each family member you are including.
- Biometrics and review USCIS takes fingerprints, runs background checks and reviews the case, which may include a request for more evidence.
You do not have to write your statement in one sitting, and you do not have to describe anything more than the law requires. If you are in immigration court at the same time, the removal proceedings page explains how the court case runs alongside the USCIS filing.
Is a U visa application kept confidential?
Yes. Federal law at 8 U.S.C. § 1367 gives U visa applicants two strong protections. Both apply from the moment you file.
- Non-disclosure DHS, the Department of Justice and the State Department generally may not disclose any information about your application to anyone, including the person who committed the crime.
- No reliance on the perpetrator Officials may not make an adverse decision about you based only on information supplied by the perpetrator.
These protections have narrow exceptions, for example for law enforcement or national security purposes. Your conversations with an attorney are separately protected by attorney–client privilege.
Why does the process take so long?
A U visa takes years because Congress capped principal U visas at ten thousand per year. Far more eligible people apply than the cap allows. Most applicants wait first for USCIS to review the case, and then for a visa number.
The wait does not have to leave you without protection. USCIS has used a bona fide determination process, which can give applicants with complete, credible filings deferred action and work authorization while they wait. Applicants who reach the waiting list can also receive deferred action. The details of these processes have changed over time, so an attorney will confirm the current practice when you file.
Processing times change often. An attorney can give you the current general range, with the understanding that it may move.
What if you have immigration or criminal history?
Past immigration violations, and many other grounds of inadmissibility, do not automatically stop a U visa. The law lets USCIS waive almost any ground of inadmissibility if it finds a waiver to be in the public or national interest.
You request that waiver on Form I-192, filed with the U visa application. Entering without inspection, overstaying a visa, earlier removal orders and some criminal history can all be waived. Even so, serious criminal history weighs heavily against a favorable decision. The waiver is discretionary, so the application should explain your circumstances fully and honestly. The waivers page explains how other inadmissibility waivers compare.
How does a U visa lead to a green card?
After three years of continuous physical presence in U status, you can apply for a green card under INA § 245(m). You file Form I-485 with USCIS, not through a family petition.
- U status granted Status for up to four years, with work authorization for you and approved family members.
- Three years of presence Long trips abroad can break continuous presence, so plan any travel with care.
- Form I-485 You show that you did not unreasonably refuse to assist law enforcement and that permanent residence is justified on humanitarian grounds, to keep your family together, or in the public interest.
- Family members Relatives who were not included earlier may be able to join through Form I-929.
Five years after the green card, you can apply for naturalization.
What does a U visa case cost?
As your U visa lawyer, we quote the case as a flat fee, agreed in writing before any work begins. The fee does not rise because the wait is long. USCIS sets government fees, where they apply, and you pay them separately; fee waivers are available for many U visa filings. The fees and consultations page explains what the flat fee includes.
The first consultation is free, private and about thirty minutes long, in person, by phone or by video.