U Visa for Victims of Qualifying Crimes
The U visa is a form of immigration relief for noncitizens who have been victims of certain serious crimes in the U.S. and who are willing to assist law enforcement in the investigation or prosecution of those crimes. Created under the Victims of Trafficking and Violence Protection Act, the U visa protects survivors of abuse while also encouraging them to cooperate with authorities without fear of deportation.
The U visa provides temporary lawful status, work authorization, and a potential path to permanent residence for qualifying victims. Certain family members may also be eligible for derivative U visa status.
Who Qualifies for a U Visa?
To be eligible for a U visa, applicants must meet the following requirements:
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The applicant must have suffered substantial physical or mental abuse due to being a victim of a qualifying crime.
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The crime must have occurred in the U.S. or violated U.S. laws.
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The applicant must possess credible and helpful information about the criminal activity.
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The applicant must be willing to assist or have assisted law enforcement in the investigation or prosecution of the crime.
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If under age 16 or unable to assist due to incapacity, a parent, guardian, or next friend may provide the information on the applicant’s behalf.
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The applicant must be admissible to the U.S. or obtain a waiver of inadmissibility.
Qualifying crimes include, but are not limited to: domestic violence, sexual assault, kidnapping, human trafficking, torture, obstruction of justice, extortion, and felonious assault.
U Visa Benefits and Duration
U visa holders are granted:
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Temporary legal status for up to four years
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Work authorization during their stay
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The possibility to extend their stay under certain conditions
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The opportunity to apply for a green card after three years of continuous physical presence in the U.S., provided they have complied with all law enforcement requirements
After obtaining lawful permanent resident status, a U visa holder may eventually apply for U.S. citizenship if they meet the eligibility requirements.
Applying for a U Visa
Applicants must file Form I-918, Petition for U Nonimmigrant Status, with supporting documentation that includes:
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Proof of the qualifying crime and the resulting harm
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A Form I-918, Supplement B, signed by a law enforcement agency certifying the applicant’s helpfulness in the investigation or prosecution
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Personal statements and additional evidence of abuse, medical reports, or police records
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A waiver of inadmissibility if necessary (Form I-192)
Some qualifying family members, such as spouses, children, and parents (in cases involving minor victims), may be eligible to apply as derivatives.
