U-Visa: Legal Protection for Victims of Crime
If you were the victim of a qualifying crime in the United States, you may be eligible for legal status through a U Nonimmigrant Visa (U-Visa).
Many crime victims hesitate to report what happened or seek help because they worry about their immigration status. U.S. law specifically created the U-Visa to protect individuals who assist law enforcement, granting them the legal right to live and work in the United States and creating a pathway to permanent residence (a Green Card).
What Is a U-Visa?
A U-Visa is a form of temporary immigration relief created by Congress to encourage crime victims to cooperate with police and prosecutors without the fear of deportation.
- Legal Status in the U.S.: Approved applicants receive lawful status to live in the United States for up to four years.
- Work Authorization: You receive an Employment Authorization Document (work permit) so you can work legally and obtain a Social Security Number.
- Pathway to a Green Card: After holding U-Visa status for three years, you may apply for lawful permanent residence (a Green Card).
- Protection for Qualifying Family Members: Spouses, children, and in certain cases, parents and unmarried siblings can be included as derivatives on your application.
Do You Qualify for a U-Visa?
To be eligible, your case must meet four core elements:
- You were the victim of a qualifying crime: The crime must have occurred in the United States or violated U.S. law. Qualifying crimes include domestic violence, felony assault, armed robbery, sexual assault, extortion, false imprisonment, stalking, among other offenses.
- You suffered substantial harm: You must have suffered significant physical or emotional/psychological harm as a result of the crime.
- You have information about the crime: You must have credible and reliable information about the criminal activity. If you are under 16 or incapacitated, a parent, guardian, or “next friend” may act on your behalf.
- You were helpful to law enforcement: You reported the crime, cooperated with the police, prosecutor, or judge, and did not unreasonably refuse to assist in the investigation or prosecution. A criminal conviction is not required.
Understanding the Process: Form I-918B & Filing
- Step 1: Securing the Law Enforcement Certification (Form I-918 Supplement B):
Before you can apply with USCIS, a qualifying agency (such as a local police department, sheriff’s office, prosecutor, child protective services, or a judge) must sign Form I-918B confirming that you were a victim and were helpful to the investigation. A signed certification is only valid for six months from the date of signature, so timing is critical.
- Step 2: Preparing and Submitting Form I-918:
Once the certification is signed, we submit your complete petition to USCIS. This includes your personal declaration detailing what happened, medical or psychological records documenting your injuries, police reports, and requests for work authorization.
- Step 3: Waivers for Past Immigration Violations (Form I-192):
If you entered without inspection, have prior deportation orders, or have certain immigration violations on your record, the U-Visa offers one of the most generous waivers available under immigration law to forgive those grounds of inadmissibility.
- Step 4: Bona Fide Determination & Deferred Action:
Because Congress caps U-Visas at 10,000 approvals per year, USCIS evaluates pending cases for a “Bona Fide Determination.” If your case meets this standard, you can receive temporary protection from deportation and a work permit while you wait in line for the final visa issuance.
What to Do If You Were the Victim of a Crime
- Locate the Police Report: Find any case numbers, police report copies, or court notices related to the incident.
- Gather Medical or Therapy Records: Any documentation of doctor visits, hospital visits, or therapy related to the crime strengthens your case.
- Do Not Assume Too Much Time Has Passed: While reporting the incident promptly is always best, there is no strict statutory deadline on when the crime occurred, provided law enforcement is willing to sign the certification.