The U visa is a nonimmigrant visa for victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement in the investigation or prosecution of the criminal activity.

It was created under the Victims of Trafficking and Violence Protection Act of 2000 to strengthen law enforcement’s ability to investigate crimes and protect victims regardless of their immigration status.

Purpose of the U Visa

  • Encourage undocumented crime victims to come forward without fear of deportation.
  • Help law enforcement and prosecutors investigate and prosecute serious crimes.
  • Provide temporary lawful status and a path to permanent residency (green card) for qualifying victims.

Who Is Eligible for a U Visa?

To qualify, you must meet all of the following:

a. Victim of a Qualifying Crime

You must be a direct or indirect victim of a crime that occurred in the U.S. or violated U.S. law.

Qualifying crimes include, but are not limited to:

  • Domestic violence
  • Sexual assault or abuse
  • Rape
  • Trafficking
  • Felonious assault
  • Kidnapping
  • Stalking
  • Manslaughter or murder (attempted or actual)
  • Extortion, blackmail
  • Witness tampering or obstruction of justice
  • Incest, prostitution, involuntary servitude
  • Abduction, unlawful criminal restraint

    (Full list is in 8 C.F.R. § 214.14(a)(9))

 

b. Suffered Substantial Physical or Mental Abuse

You must demonstrate that the crime resulted in substantial harm, either physically or psychologically. Evidence can include:

  • Medical records
  • Therapy records
  • Personal declarations
  • Police reports describing the harm

 

c. Helpfulness to Law Enforcement

You must be:

  • Currently assisting,
  • Have previously assisted, or
  • Likely to assist in the future

    in the investigation or prosecution of the crime.

This is documented through Form I-918, Supplement B, a certification signed by a law enforcement agency or prosecutor.

 

d. The Crime Occurred in the U.S.

The crime must have occurred in the U.S. or violated U.S. law (including military installations and U.S. territories).

 

e. Admissibility

You must be admissible to the U.S. If not, you may apply for a waiver using Form I-192 (Application for Advance Permission to Enter as a Nonimmigrant).

What Are the Benefits of a U Visa?

Once approved, the U visa provides:

  • Temporary lawful status for up to 4 years
  • Work authorization
  • Ability to apply for a green card (lawful permanent residency) after 3 years
  • Derivative visas for qualifying family members (see below)
  • Protection from deportation while the petition is pending (in most cases)

Derivative U Visas for Family Members

Certain family members of U visa applicants can also apply:

  • If the principal applicant is under 21:
    • Spouse (U-2)
    • Children (U-3)
    • Parents (U-4)
    • Unmarried siblings under 18 (U-5)

     

  • If the principal applicant is 21 or older:
    • Spouse (U-2)
    • Children (U-3)

     

Each derivative must submit their own Form I-918A and evidence of relationship to the principal.

Application Process

Step-by-Step:

  1. Form I-918 (Petition for U Nonimmigrant Status)
    • Completed by the victim

     

  2. Form I-918 Supplement B
    • Signed certification from law enforcement, prosecutor, judge, or DHS
    • Must be signed within the past 6 months

     

  3. Form I-192
    • If inadmissible for any reason (e.g., unlawful presence, criminal history)

     

  4. Personal Declaration
    • Detailed narrative describing the crime, abuse, and cooperation with law enforcement

     

  5. Evidence
    • Police reports, medical/therapy records, court documents, photos, affidavits

Wait Time and Cap

  • Annual cap: 10,000 U visas granted to principal applicants per year (derivatives not included in cap)
  • Processing time: Several years due to high demand and backlog
  • If approved but visas are not immediately available, the applicant receives deferred action and work authorization until a visa becomes available.

Path to Green Card (Adjustment of Status)

After holding a U visa for 3 years, you can apply for a green card if:

  • You were continuously physically present in the U.S. for 3 years
  • You did not unreasonably refuse to cooperate with law enforcement
  • You still meet all eligibility requirements and are not inadmissible

File Form I-485 (Application to Register Permanent Residence or Adjust Status)

Important Links for Related Visas:

Our Expertise and Services:

Assessing Eligibility: Our skilled attorneys and paralegals will evaluate your eligibility and guide you through the various options available to bring your family members to the United States. We talk in different languages for your comfort like English, Bangla, Hindi & Urdu.
Document Preparation: We assist you in gathering the required documentation, ensuring that all forms and supporting evidence are accurately completed and submitted in a timely manner.
Petition Filing: Our team will handle the preparation, filing, and tracking of your family visa petition, advocating for your loved one’s immigration rights at every step of the process.
Communication and Representation: We communicate with relevant immigration authorities on your behalf, responding to any requests for additional evidence or interviews, and providing legal representation throughout the proceedings.

Follow-up Assistance:

After the visa is approved, we offer guidance on the next steps, including adjustment of status or consular processing, to help your family members smoothly transition to life in the United States.

At Monir Mehran Law Firm, we understand how life-changing immigration matters can be. Whether you’re seeking a visa, permanent residency, citizenship, or facing removal proceedings, our dedicated team of experienced immigration attorneys and paralegals is here to guide you every step of the way. We navigate the complexities of U.S. immigration law with precision and care, helping individuals and families move forward with confidence.

Immigration law can be complex and varies depending on your unique circumstances. It’s essential to consult with an experienced immigration attorney before taking any legal steps. Contact us at +1 (470) 800-9213 or [email protected] for a free consultation.