U.S. U Visa for Victims of Certain Crimes
United States
Residency
At a glance
The U visa is a protection route for certain victims of qualifying crimes who suffered substantial harm and were helpful, are being helpful, or are likely to be helpful to law enforcement.
- Type
- Humanitarian protection
- Fit
- Victims of certain crimes helpful to law enforcement
- Core requirements
- Qualifying crime, substantial harm, helpfulness, and certification
- What to know
- Certification and long processing times are common issues
- What it gives
- U status is generally granted for up to four years.
- Main limit
- It is not available for every offense or every person harmed by a crime.
Summary
U nonimmigrant status protects certain victims of qualifying criminal activity who suffered substantial physical or mental abuse and were, are, or are likely to be helpful to law enforcement. It requires a signed certification from an authorized certifying official.
The annual limit and large backlog make this a slow protection route. A complete, approvable petition does not mean U status will be granted quickly.
Eligibility
A principal applicant generally must show:
- They were a victim of criminal activity listed in the statute or substantially similar activity;
- The activity violated U.S. law or occurred in the United States or its territories or possessions;
- They suffered substantial physical or mental abuse;
- They have information about the activity (with special rules for age or incapacity);
- They were, are, or are likely to be helpful in detection, investigation, prosecution, conviction, or sentencing;
- An authorized agency signs Form I-918 Supplement B; and
- They are admissible or receive an available waiver.
The certification must be properly signed and generally filed within six months of signature. It confirms helpfulness; it does not decide USCIS eligibility.
What This Route Allows
U status is generally granted for up to four years. A U-1 principal is employment-authorized because of status, and qualifying family members may receive derivative status under age- and relationship-specific rules.
Because only 10,000 principal U-1 grants are available each fiscal year, USCIS may place approvable cases on a waiting list. USCIS may also make a bona-fide-determination and grant deferred action and employment authorization in its discretion while a case remains pending.
A U-1 holder may apply for permanent residence after at least three years of continuous physical presence in U status and satisfaction of cooperation, admissibility, and humanitarian/family-unity/public-interest requirements.
What This Route Is Not
It is not available for every offense or every person harmed by a crime. A police report alone is not the required certification, and a certification does not guarantee USCIS approval. Deferred action or a work permit during the backlog is not U status or a green card.
Next Steps
- Work with a victim-services organization or qualified immigration representative.
- Identify the proper certifying agency and its certification process.
- Gather police, court, medical, counseling, protective-order, and helpfulness evidence.
- Review criminal and immigration history for waiver needs.
- Plan for a long queue and keep USCIS updated with safe address information.
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