U-VISAS

A U-Visa is a nonimmigrant visa.  It is a form of immigration relief for people who are survivors of certain crimes that happened in the United States.

The U-Visa lets noncitizen crime victims and certain qualifying family members live and work in the United U.S. for up to 4 years, sometimes with extensions.  

You may be eligible to get a U-Visa if:

• You are the victim of a qualifying crime that happened in the U.S. or a crime that was a violation of U.S. law.  [See “What are qualifying crimes?” below].
• You were seriously hurt physically or mentally because of that crime.
• You have information about the crime.  If you are under 16 years or disabled or cannot tell the details yourself, a parent, guardian or “next friend” can give the information. A “next friend” is a person who acts on your behalf without being officially a part of your case.
• You helped, or are likely to  help,  law enforcement when officials prosecute the crime.   If you are under 16 or disabled, a parent, guardian or “next friend” can help you.
• You are admissible to the U.S. or you can apply for a waiver if there is a reason you are not allowed to enter.      [See “What are grounds for inadmissibility?” below].

Go here to see a list of qualifying crimes.

Grounds for inadmissibility is a long list of crimes and other acts that keep people from getting status or entering the U.S. If you committed one of these crimes or other acts, you must ask for a “waiver” to qualify for a U-Visa.   U.S. Citizenship and Immigration Service (USCIS) looks at the positive and negative factors of your case and decides if you should get the waiver. 

If you are the victim of a crime and meet certain requirements, a U-Visa lets you stay in the U.S. with these benefits: 

• You can legally live in the United States for 4 years.  After 3 years of having a U-Visa, you can apply for a green card to stay in the U.S. permanently.  (If you get a green card, you can apply to become a U.S. citizen later on).
• You can get permission to work in the U.S.  
• Some of your family members might also be able to get a U-Visa. 

To apply for a U-Visa, you need to fill out certain government forms.  You also need papers that support what you say on the forms.  Send these documents to U.S. Citizenship and Immigration Services (USCIS). The government decides if you get a U-Visa. You don’t need to go to court or do an interview. You don’t need a lawyer. But if you can, it is better to apply with the help of a lawyer or a BIA accredited representative. The government makes its decision based on the forms and papers that you send. It’s important to get it right.

You can contact your local legal aid office to see if they can help you with your U-Visa application.

Yes. To qualify for a U-Visa, you need several documents.  One document you must have is a signed certification from a law enforcement official. This document is USCIS Form 1-918, Supplement B, U Nonimmigrant Status Certification.  You need it as evidence to support your application for a U-Visa.   The certification gives USCIS basic information about the criminal case and how willing you are to help law enforcement with the criminal case. 

It is very important that you file a good, complete case, with all the forms and documentation that meet all the rules and requirements. This is hard to do without help from a lawyer or a BIA accredited representative with experience in U-Visa cases.

It takes many years for the government to make a final decision on your application for a U-Visa.  Because it is taking so long to review them, USCIS may give you a work permit and deferred action while you wait for a final decision. 

There are two ways to get deferred action and a work permit: 

(1) through a bona fide determination from the government; or 

(2) through the waitlist.    

Both ways likely take several years from the day you submit your U-Visa petition.

USCIS decides if your U-Visa application is “bona fide.”  “Bona fide” means legitimate or real.  If a review of your application shows it is complete and properly filed and a criminal background check does not raise any national security, public safety, or other concerns, then it is bona fide.

If you get a bona fide determination or put on the U-Visa waitlist, it’s not likely you would be deported.  But not impossible.   Once you are on the waitlist or get a bona fide determination, you get “deferred action.” This is not a real immigration status, but it lets USCIS give you a work permit.

While you are waiting to hear if you get a bona fide determination or put on the waitlist, you don’t  have any sort of legal status or deferred action.  You could be at risk of deportation. If Immigration and Custom Enforcement (ICE) detains you, tell the ICE officer that you have a pending application.   This may give you  some protection from further actions by ICE.  But every ICE officer is different, and ICE can change their policy in the future.  It is important to remember that filing a U-Visa petition doesn’t necessarily protect you from ICE.

You can apply for U-Visas for some of your family after your U-Visa is approved.

If you are over the age of 21, you can apply for your spouse and unmarried children. Your unmarried children must be under 21.

If you are under the age of 21 you can apply for your spouse, unmarried children under 21, parents, and unmarried siblings under 18.