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The U visa is a nonimmigrant visa category designed to provide legal status and protection to victims of certain crimes who have suffered mental or physical abuse while in the United States. It was created to encourage victims to cooperate with law enforcement without fear of deportation.

Eligibility Criteria

To be eligible for a U visa, you must meet the following criteria:

  • You must be the victim of a qualifying criminal activity, which includes:
    • 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
    • Other Related Crimes*†
  • You must have suffered substantial physical or mental abuse as a result of the criminal activity.
  • You must possess information about the criminal activity and be helpful or likely to be helpful to law enforcement or government officials in the investigation or prosecution of the crime. If you are under the age of 16 or unable to provide information due to a disability, a parent, guardian, or next friend may assist law enforcement on your behalf.
  • The crime must have occurred in the United States or violated U.S. laws.
  • You are admissible to the United States. If you are not admissible, you may apply for a waiver on Form I-192, Application for Advance Permission to Enter as a Nonimmigrant.

*Includes any similar activity where the elements of the crime are substantially similar.

†Also includes attempt, conspiracy, or solicitation to commit any of the above and other related crimes.

Application Process

The U visa application process involves multiple steps:

  • Completing Form I-918: Submit Form I-918, Petition for U Nonimmigrant Status, along with all required supporting documents to the U.S. Citizenship and Immigration Services (USCIS).
  • Law Enforcement Certification: Form I-918, Supplement B, U Nonimmigrant Status Certification. The Form I-918, Supplement B, must be signed by an authorized official of the certifying law enforcement agency and the official must confirm that you were helpful, and currently being helpful, or will likely be helpful in the investigation or prosecution of the case.
  • A personal statement describing the criminal activity of which you were a victim and evidence to establish each eligibility requirement.
  • Derivative U Visas: Certain family members of the principal U visa applicant may be eligible for derivative U visas. To petition for a qualified family member, you must file a Form I-918, Supplement A, Petition for Qualifying Family Member of U-1 Recipient, at the same time as your application or at a later time.

If any inadmissibility issues are present, you must file a Form I-192, Application for Advance Permission to Enter as Nonimmigrant, to request a waiver of the inadmissibility.

Benefits of a U Visa

If your U visa application is approved, you will receive the following benefits:

  1. Legal Status: You will be granted legal status in the United States for up to four years.
  2. Work Authorization: With a U visa, you are eligible to apply for work authorization, allowing you to work lawfully in the United States during the validity of your visa.
  3. Protection from Deportation: While your U visa is valid, you are protected from deportation and removal proceedings.
  4. Path to Permanent Residency: After being present in the U.S. for three years under U visa status and meeting other requirements, you may be eligible to apply for lawful permanent residency, commonly known as a green card.

U Visa Extensions

When U nonimmigrant status is granted, it is valid for four years. However, extensions are available in certain, limited circumstances if the extension is :

  1. Needed based on a request from law enforcement,
  2. Needed based on exceptional circumstances,
  3. Needed due to delays in consular processing, or
  4. Automatically extended upon the filing and pendency of an application for adjustment (application for a Green Card).

Applying for a Green Card

If you are currently in the United States and you meet certain other requirements, you may file Form I-485, Application to Register Permanent Residence or Adjust Status.

Principal Applicants (U-1)

To be eligible for a Green Card based on U-1 nonimmigrant status, it is required that:

  1. You properly file Form I-485.
  2. You were lawfully admitted with a U-1 nonimmigrant status.
  3. You have a U-1 nonimmigrant status at the time you file your Form I-485.
  4. You have been physically present in the United States for a continuous period of at least three years since you were admitted as a U-1 nonimmigrant. You must have at least three years of continuous presence at the time you file Form I-485 and must continue to be physically present through the date that USCIS makes a decision on your adjustment application.
  5. You have not unreasonably refused to provide assistance in the investigation or prosecution of the qualifying criminal activity, starting from when you were first admitted as a U-1 nonimmigrant through the date that USCIS makes a decision on your application.
  6. You are not inadmissible under the Immigration and Nationality Act, section 212(a)(3).
  7. Your presence in the United States is justified on humanitarian grounds, to ensure family unity, or is in the public interest; and
  8. You merit a favorable exercise of discretion.

Family Members Deriving Status

If the family member deriving status based on your status has met the eligibility requirements for a Green Card, they may apply for lawful permanent residence by filing their own Form I-485.

Even if your family members never had a U nonimmigrant status or a U visa, they may still be eligible for a Green Card.

First, you must file a Form I-929, Petition for Qualifying Family Member of U-1 Nonimmigrant, for each eligible family member.

You may file the Form I-929 at the same time or after you file your Form I-485.

If the Form I-929 for your family member(s) is approved:

  • Family members in the United States may file the Form I-485 to apply for a Green Card.
  • Family members outside the United States must first visit a U.S. embassy or consulate to obtain their immigrant visa. Information for the local U.S. embassy or consulate and the procedures for obtaining a visa to enter the United States may be found at www.usembassy.gov.

Disclaimer: Immigration laws and policies can change, affecting the availability and requirements of the immigration processes mentioned above. Always seek legal advice or consult official U.S. government sources to understand the latest regulations and options available to individuals.

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