U Visa: Pathway to Safety for Victims of Crime

The U visa—officially known as U nonimmigrant status—provides a path to legal protection for individuals who have endured serious criminal harm and are willing to assist law enforcement. Created by Congress as part of the Victims of Trafficking and Violence Protection Act, the U visa is rooted in both humanitarian relief and public safety: it offers immigration stability to survivors while strengthening cooperation in the investigation and prosecution of crime.

This visa is available to noncitizens who have suffered substantial physical or mental abuse as a result of qualifying criminal activity. In return, applicants must demonstrate helpfulness to law enforcement or government officials involved in the investigation or prosecution of the offense. For those eligible, the U visa may serve as a critical bridge to work authorization, deferred action, and eventually lawful permanent residence.

This guide outlines who qualifies, how the process works, which challenges may arise, and how legal support—especially from experienced counsel—can transform the outcome.

What is U Visa?

The U visa is a form of humanitarian immigration relief created for noncitizens who have experienced qualifying criminal activity and are willing to assist law enforcement or government officials in the investigation or prosecution of that crime. Officially classified as U nonimmigrant status, this visa provides temporary legal protection and a path to lawful permanent residence.

Congress established the U visa under the Victims of Trafficking and Violence Protection Act of 2000 to strengthen the relationship between immigrant communities and law enforcement. The policy goal is twofold: support survivors of crime and enhance public safety by encouraging the reporting of criminal activity, especially in cases where fear of deportation might otherwise silence witnesses.

To qualify, an individual must demonstrate:

• That they were a victim of a qualifying crime committed in the United States or that violated U.S. law;
• That they suffered substantial physical or mental abuse;
• And that they are or were helpful to law enforcement during the investigation or prosecution of the offense.

U visa recipients may remain in the United States for an initial period of up to four years, with the potential to apply for a green card after three years of continuous physical presence. The visa also offers access to work authorization and certain derivative benefits for eligible family members.

Who Qualifies for a U Visa?

To qualify for a U visa, an individual must be the survivor of a qualifying crime that resulted in substantial harm and must cooperate—or have cooperated—with law enforcement in the investigation or prosecution of that crime. The person must also be admissible to the United States or qualify for a waiver of inadmissibility.

✅ Core Eligibility Criteria

According to U.S. Citizenship and Immigration Services (USCIS), the applicant must demonstrate that they:

• Are a survivor of a qualifying criminal activity (see below);
• Have suffered substantial physical or mental abuse;
• Possess credible and reliable information about the criminal activity;
• Were, are, or are likely to be helpful in the investigation or prosecution of the crime;
• Committed no acts rendering them inadmissible—or are eligible for a waiver via Form I-192;
• Were victims of crimes that occurred in the United States or violated U.S. laws.

🔍 What Crimes Qualify?

USCIS provides a specific list of “qualifying criminal activities” that may support a U visa application. These include, but are not limited to:

• Domestic violence
• Sexual assault
• Human trafficking
• Felonious assault
• Abduction or kidnapping
• Involuntary servitude
• Extortion
• Witness tampering
• Obstruction of justice
• Manslaughter or murder (as a bystander or survivor)

The crime must have been reported and investigated, and there must be a willingness from a qualifying agency (such as a police department or prosecutor’s office) to verify the applicant’s cooperation via Form I-918, Supplement B.

⚖️ Admissibility and Waivers

Applicants who are inadmissible under U.S. immigration law may still apply for a U visa if they submit Form I-192 (Application for Advance Permission to Enter as a Nonimmigrant). This allows USCIS to waive certain inadmissibility grounds on humanitarian or public interest bases.

What is Required from Law Enforcement?

A successful U visa application must include a signed law enforcement certification—Form I-918, Supplement B—verifying the applicant’s helpfulness in the investigation or prosecution of a qualifying crime. Without this certification, USCIS will not approve a U visa petition.

📝 The Law Enforcement Certification (Form I-918B)

Form I-918B must be completed and signed by an authorized official from a certifying agency, which may include:

• Local, state, or federal police departments
• Prosecutors’ offices
• Judges or other court officials
• Child Protective Services
• Federal investigative agencies (e.g., FBI, DHS, ICE)

The certifying official must confirm that:

• A qualifying crime occurred;
• The applicant is a victim;
• The applicant has been, is being, or is likely to be helpful in the investigation or prosecution.

The form must be submitted within six months of being signed, unless otherwise extended by USCIS.

⚠️ Challenges in Obtaining Certification

Law enforcement agencies are not required by law to sign Form I-918B—even when the applicant meets all the statutory requirements. This can present a significant obstacle for many survivors, particularly in jurisdictions unfamiliar with the U visa process or hesitant to engage in immigration-related matters.

In such cases, legal representation plays a critical role in:

• Explaining the benefits of certification to the agency;
• Framing the survivor’s cooperation accurately;
• Escalating the request to a higher official when necessary.

Experienced immigration attorneys often coordinate with prosecutors, detectives, or victim advocates to secure the certification.

What is the U Visa Application Process?

The U visa application process involves multiple forms, evidentiary requirements, and long processing times. Although the steps are standardized, each case presents unique challenges—especially when law enforcement certification or waivers of inadmissibility are needed.

Step 1: Obtain Law Enforcement Certification

• Secure a signed Form I-918, Supplement B, verifying helpfulness in the investigation or prosecution of a qualifying crime.

Step 2: Prepare and Submit Form I-918

• The core petition for U nonimmigrant status is filed using Form I-918.
• This includes personal details, a narrative of the crime and harm suffered, and supporting documentation (e.g., police reports, medical records, psychological evaluations).

Step 3: Submit Form I-192 (if needed)

• If the applicant is inadmissible for any reason (e.g., prior entry without inspection, criminal history), they must submit Form I-192 to request a waiver.

Step 4: Include Form I-765 for Work Authorization

• Applicants may file Form I-765 under the (c)(14) category for work authorization while the case is pending (if eligible through bona fide determination).

Step 5: Wait for USCIS Processing and Determination

• Due to visa caps and backlogs, most applicants are placed on a waiting list after receiving a Bona Fide Determination (BFD).
• While on the waitlist, applicants may be granted deferred action and be eligible for a work permit.

Supporting Evidence Checklist

Typical supporting documents include:

• Police reports and incident documentation
• Medical and mental health records
• Personal declarations
• Affidavits from witnesses, therapists, or community members
• Proof of residence in the U.S. at the time of the crime

Next Steps After Approval

Once approved, the applicant receives U nonimmigrant status for up to four years and becomes eligible to apply for a green card (adjustment of status) after three years of continuous presence in U status.

Can Family Members be included?

Yes. Certain family members of U visa petitioners may qualify for derivative U nonimmigrant status, allowing them to receive protection and benefits through the principal applicant’s case. This option helps preserve family unity and protect relatives who may also be at risk.

👨‍👩‍👧 Who Qualifies as a Derivative?

Eligible family members vary depending on whether the petitioner is an adult or a minor:

• If the petitioner is 21 or older:
  • Spouse (U-2)
  • Unmarried children under 21 (U-3)
• If the petitioner is under 21:
  • Parents (U-4)
  • Unmarried siblings under 18 (U-5)
  • Spouse and children, if applicable

Each derivative must meet admissibility requirements or qualify for a waiver.

📄 How to Apply for Derivative Status

Family members do not automatically receive status. The principal applicant must submit Form I-918, Supplement A, along with evidence of:

• The qualifying relationship (e.g., marriage certificate, birth certificates)
• Identity and admissibility of the family member
• Explanation of any risk or hardship to the family member

Derivative applicants may also need to submit:

• Form I-192 (waiver, if inadmissible)
• Form I-765 (for work authorization)

USCIS evaluates each derivative independently but within the framework of the principal petition.

📌 Timing Considerations

Derivative petitions can be filed:

• At the same time as the principal petition
• After the principal’s petition is filed but before it is adjudicated
• Even after the principal U visa is approved (though delayed filings may complicate processing)

How Long Does the U Visa Take?

The U visa process is known for long wait times due to high demand and a strict annual cap. While some applicants receive deferred action relatively early, the full approval process often takes several years.

⏱️ Average Timeline

• Initial application review: 6–12 months
• Bona Fide Determination (BFD): If eligible, deferred action and work authorization may be granted before a full decision
• Waitlist due to cap (10,000 per year): Many applicants wait 5–7 years or longer before final adjudication
• Post-approval eligibility for a green card: After 3 years in U status

🔍 Why is there a Backlog?

The U visa category is capped at 10,000 principal visas per fiscal year, not including derivatives. However, USCIS receives tens of thousands of petitions annually. As a result:

• Many qualified applicants are placed on a waiting list
• Deferred action is granted in lieu of formal status
• Work permits may still be issued during this period

✅ Bona Fide Determination (BFD) Pathway

In 2021, USCIS created the Bona Fide Determination process, which allows certain applicant, while awaiting full adjudications to receive:

• Deferred action
• Work authorization (EAD)

To qualify, the petition must include:

• A properly completed Form I-918
• A signed Supplement B
• A personal statement
• Completed biometrics
• No serious disqualifying issues

What are the Rights of U Visa holders?

Individuals granted U nonimmigrant status receive important protections and benefits under U.S. immigration law. These rights reflect the humanitarian purpose of the visa and serve as a foundation for long-term stability and future adjustment of status.

🛡️ Legal Protections

• Permission to remain in the United States for up to four years
• Protection from deportation during the period of U visa status
• Eligibility for renewal in certain circumstances, such as ongoing cooperation with law enforcement or delays beyond the applicant’s control

💼 Work Authorization

• U visa holders are automatically eligible for employment authorization
• A valid Employment Authorization Document (EAD) is issued as part of U status
• Derivative family members may also receive work permits upon approval

🏛️ Path to Permanent Residency

• After three years of continuous physical presence in U status, recipients may apply for a green card using Form I-485
• Adjustment requires continued cooperation with law enforcement and a showing of good moral character
• Derivative family members may also be eligible to adjust status independently

👪 Family Unity

• Derivatives have access to the same protections and work benefits
• U visa status helps stabilize family units, particularly in cases involving domestic violence, trafficking, or other severe crimes

These protections give survivors time to heal, rebuild, and pursue lawful permanent residence with dignity.

What Challenges do Applicants Face?

While the U visa offers vital protection, applicants often encounter substantial legal and procedural barriers. These challenges can delay approval, affect admissibility, or increase the risk of denial—making early legal support essential.

⏳ Long Processing Delays

• USCIS receives tens of thousands of U visa applications each year, far exceeding the annual cap of 10,000 principal approvals.
• Wait times frequently exceed five to seven years, even for applicants who meet all eligibility criteria.
• The Bona Fide Determination process provides interim relief, but not all applicants qualify.

❗ Difficulty Obtaining Law Enforcement Certification

• Law enforcement agencies are not legally required to sign Form I-918B.
• Survivors may face institutional reluctance or lack of awareness about the U visa program.
• Inconsistent cooperation can jeopardize otherwise strong petitions.

⚖️ Inadmissibility and Waiver Requests

• Common grounds of inadmissibility include:
  • Prior immigration violations or removal orders
  • Certain criminal convictions
  • Health-related or fraud-related grounds
• Applicants must file Form I-192 and demonstrate eligibility for a waiver in the public or national interest.

🧾 Documentation Burdens

• Gathering sufficient evidence can be difficult, especially for incidents not well-documented at the time.
• Survivors may struggle to obtain police reports, medical records, or psychological evaluations—especially if retraumatization is a concern.

🔄 Legal Complexity in Derivative Cases

• Family members must qualify independently and may face separate inadmissibility issues.
• Timing and relationship status at the time of filing are critical.

These challenges highlight the importance of trauma-informed legal representation that is both strategic and compassionate.

How Legal Support can Make a Difference

Navigating the U visa process requires more than meeting basic eligibility criteria—it demands a clear legal strategy, careful documentation, and persistence in the face of systemic delays. For survivors of crime and their families, working with experienced immigration counsel can significantly improve the chances of success.

Strengthening the Legal Case

• Skilled attorneys help develop a compelling narrative supported by evidence of harm, cooperation, and credibility.
• Legal teams coordinate directly with law enforcement agencies to request and follow up on Form I-918B certifications.
• In cases with complex legal histories, counsel ensures proper handling of waivers, inadmissibility, or removal orders.

Managing Procedural Complexity

The U visa application includes multiple forms, timing rules, and supporting materials—any errors may result in delays or denials.

Attorneys can:

• Track case status with USCIS
• Monitor BFD eligibility and EAD issuance
• Prepare for green card transition after three years of U status

Survivor-Centered Advocacy

Legal professionals trained in trauma-informed practice offer services that are sensitive to the emotional and psychological needs of applicants.

This includes:

• Referrals to mental health professionals for supporting documentation
• Safety planning for applicants in ongoing risk environments
• Communicating with compassion and cultural fluency

Monitoring Policy Updates

• U visa procedures are shaped by changing USCIS policy guidance, court rulings, and evolving law enforcement practices.
• Attorneys stay current on developments and adjust strategy accordingly—especially when backlogs, RFEs, or denials occur.

For many applicants, legal support is the difference between prolonged uncertainty and a clear path toward stability and lawful status.

How can Benach Pitney Reilly Immigration help?

Benach Pitney Reilly Immigration brings deep experience and unwavering commitment to every U visa case. With a reputation for strategic litigation, trauma-informed advocacy, and inclusive representation, the firm is uniquely positioned to support survivors of crime through every phase of the process.

🎯 Holistic Legal Strategy from Day One

• The team builds each case with long-term goals in mind—starting with Form I-918 and continuing through adjustment of status to lawful permanent residence.
• Attorneys craft compelling narratives, gather extensive supporting documentation, and anticipate USCIS scrutiny from the outset.

📝 Securing Law Enforcement Certification

• Benach Pitney Reilly attorneys proactively engage with police departments, prosecutors, and other agencies to obtain Form I-918B.
• In cases where certification is initially denied or delayed, the firm applies strategic pressure and offers policy-informed guidance to agencies unfamiliar with the U visa process.

🛡️ Navigating Waivers and Admissibility Issues

• For applicants facing legal bars such as removal orders, prior unlawful presence, or criminal history, the firm prepares Form I-192 with meticulous attention to humanitarian factors and public interest considerations.
• Their litigation experience informs strong responses to Requests for Evidence and Notices of Intent to Deny.

🌈 Inclusive and Survivor-Centered Representation

• The firm advocates for individuals from marginalized communities, including LGBTQ+ applicants, domestic violence survivors, and those at risk of re-traumatization.
• Legal services are delivered with cultural humility, discretion, and respect for each client’s lived experience.

🔄 End-to-End Representation

• Benach Pitney Reilly Immigration continues to guide clients well beyond U visa approval, including:
  • Filing for derivative family members
  • Applying for work authorization under deferred action
  • Transitioning to permanent residence after three years

Clients are never left to navigate the process alone—every step is supported by a legal team committed to justice, safety, and long-term stability. Schedule a consultation today!