What Is A U Visa And How Does It Work? (2024)

Each year, 10,000 U visas become available to victims of certain crimes if they cooperate with law enforcement officials in prosecuting those offenses. To be eligible, individuals must have suffered substantial physical or mental abuse and must provide (or be likely to provide) meaningful information useful to prosecutors in pursuing a case against the perpetrators.

Many more people apply for U visas each year than the number of visas available. Applicants must obtain a certificate of victimization and cooperation from law enforcement to apply, which they need to submit to United States Customs and Immigration Services (USCIS).

Eligible individuals who submit their information are placed on a waiting list pending a final decision and will be provided with a work authorization and protected from deportation until a visa becomes available. This means that those who are on the waiting list, or who are eligible for U visas, can work within the United States.

Those who receive a visa can also sponsor eligible relatives to immigrate and get on the path toward earning a green card and eventually U.S. citizenship if desired.

U visas are good for four years but can be extended.

You may be eligible to obtain a U visa if:

• You are the victim of a qualifying crime that occurred in the U.S. or that was a violation of U.S. law.
• You have experienced substantial physical or mental abuse as a result of the crime that victimized you.
• You have information about the criminal activity or a parent, guardian or “next friend” (a person who appears on your behalf in a lawsuit) has information about the criminal activity they can provide on your behalf if you are under age 16 or disabled and cannot share the details yourself.
• You provided help, or are likely to provide help, to law enforcement when officials prosecute the crime or, if you are under 16 or disabled, a parent, guardian or “next friend” is helpful on your behalf.
• You are admissible to the United States or successfully apply for a waiver of inadmissibility.

Qualifying Criminal Activities for the U Visa

You must be a victim of a certain type of criminal activity to become eligible for the U visa. You can also qualify if someone attempted to commit these crimes against you, conspired to commit these offenses or solicited someone to commit them.

Here are the crimes that USCIS lists as qualifying offenses:

• 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 where the elements of the offense are substantially similar

There are specific steps you must take to apply for a U nonimmigrant visa. Here is the process.

If you have any inadmissibility issues, you must complete and file Form I-192, Application for Advance Permission to Enter as Nonimmigrant to request a waiver so you will be allowed to move forward with your application. This must be done in addition to the other steps listed below.

Complete and Submit Form I-918, Petition for U Nonimmigrant Status

Form I-918, Petition for U Nonimmigrant Status is an 11-page form that asks for extensive information including:

• your contact details
• your home address
• a safe mailing address if you cannot receive mail at home
• your “alien registration number”
• your country of origin and passport information
• past entries into the U.S.
• past behaviors that could affect eligibility to immigrate, such as criminal convictions
• information about your spouse and/or children who are derivative family members and who can apply for an immigrant visa along with you
• a statement and declaration declaring the information you submitted was true and correct

Complete and Submit Form I-918, Supplement B, U Nonimmigrant Status Certification

Form I-918, Supplement B, U Nonimmigrant Status Certification provides information about the criminal acts that justify the U visa along with the agency that you are cooperating with. It must be signed by an authorized official of the law enforcement agency that you are assisting with the criminal prosecution.

The official signing the form must confirm that you are currently helping law enforcement, were helpful in the past or will likely be helpful in the future investigation or processing of the criminal case.

Provide Evidence To Establish Each Eligibility Requirement

You must include supporting documentation to show that you were the victim of an eligible crime and that you are working in cooperation with law enforcement.

Applying Outside of the United States

If you are applying for a U nonimmigrant visa from outside of the U.S., you must complete the forms and steps mentioned above and also follow instructions from the Vermont Service Center that processes these applications. These instructions typically include visiting a U.S. Embassy or U.S. Consulate to have your fingerprints taken.

Once your petition has been approved, you’ll need to go through the consular process, which includes an interview with a consular officer at the U.S Embassy or the U.S. Consulate, to be able to enter the United States.

There are many benefits to obtaining a U visa. Advantages include:

• becoming eligible for a U.S. work permit
• being able to obtain derivative U visas for qualifying family members once your application for a visa is approved
• becoming eligible to apply for a green card and eventually to become a U.S. citizen

There are also some downsides:

• Long processing time. It can take seven or more years for your application to be processed.
• Limited eligibility. Only people who have been victims of certain crimes and who have a statement from a law enforcement official indicating they are cooperating with prosecutors can become eligible.
• Limited availability. Only 10,000 are issued each year.