What is a “U visa”?

U nonimmigrant status (“U visa”) is for victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity.

Why does the U visa exist?

Congress created the U visa program to strengthen law enforcement agencies’ ability to investigate and prosecute cases of domestic violence, sexual assault, trafficking of noncitizens and other crimes, and also to protect victims of crimes who have suffered substantial mental or physical abuse due to the crime, but only where the victims are willing to help law enforcement authorities in the investigation or prosecution of the criminal activity.

What does a U visa grant me?

Getting a U visa is a life-changing event. If approved, you will receive:

• Up to 4 years in lawful immigration status inside the U.S.

• If you also file a waiver application with the U visa application, you will be forgiven for past immigration law violations.

• Work authorization and eligibility to apply for a driver’s license in your state of residence.

• Protection from removal/deportation.

• After living here for 3 years in U status, you might qualify to file for adjustment of status to lawful permanent residence (get a green card).

• After living here for 5 years with a green card based on your prior U visa, you might qualify for U.S. citizenship.

Who is eligible for a U visa?

You may be eligible for a U visa if either you or your child or “next friend” in certain circumstances:

• are the victim of “qualifying criminal activity” that either occurred in the U.S. or violated U.S. law;

• suffered “substantial physical or mental abuse” as a result the crime;

• have information about the criminal activity;

• were, are, or will likely be, helpful to law enforcement in the investigation or prosecution of the crime;

• have a valid, unexpired I-918 Supplement B, U Nonimmigrant Status Certification signed by the law enforcement agency; and

• are admissible to the U.S., or, if you are inadmissible, you qualify for a waiver of the inadmissibility.

What is a “qualifying criminal activity”?

The law lists various enumerated crimes that qualify for U visas, including:

• 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

• Additionally, there are other “similar” offenses that might qualify, but this gets very complicated.

If my relative was the victim of the offense, can I apply for a U visa?

Some family members qualify for a derivative U visa based on their relationship to the direct victim. If the direct victim is under age 21, then parents and unmarried siblings under 18 years of age may also file along with the direct victim. If the direct victim is over age 21, then spouses and children may also file with the direct victim. Whoever acts as the “principal” (primary filer) must be approved before the derivatives can be approved.

If I entered unlawfully or committed some other immigration or criminal law violation, can I still get a U visa?

The short answer is “yes, probably,” unless you’re a terrorist. U visa applicants can ask for a waiver of their “grounds of inadmissibility,” including unlawful entry and prior deportation/removal orders, but if you have past law violations, you should definitely discuss this with an attorney, because it is complicated and risky.

How long does a U visa application take?

Congress capped the number of U visas that may be granted to principal petitioners at 10,000 per year. There is no cap for derivative family members, such as spouses, children, or other eligible family members, but the derivatives don’t get approved until the principal is approved. The processing times depend on how many cases are backlogged at the time you filed. As of January 2024, cases were being approved in 5+ years, but that does not mean that your case would take that long, nor should it deter you from filing. To find out more about USCIS processing times, visit this page.

Can I get a work permit before my U visa is approved?

In June 2021, the Biden administration ordered USCIS to begin reviewing pending U visa cases for “bona fide determinations” to start issuing work permits before the final approval of the U visa. This is great news, because it allows applicants to obtain work authorization and even driver’s licenses while they await the U visa.

Should I hire an attorney?

You are not legally required to have an attorney to file a U visa application; however, the law is extremely complicated, and an attorney can help. If you file a U visa petition that ultimately gets denied, you could be placed into removal proceedings before an Immigration Judge. Hiring an attorney can ensure that you know your rights, file correctly and timely, and get the case approved

For a totally free consult to review your options, call 770-993-9636 to meet with an experienced attorney to discuss your case. It usually takes less than 30 minutes to review the relevant information and provide you a quote for the total cost to obtain your 10-year card.