Are you the victim of a crime? Do you qualify for a U Visa?

April Perez • March 4, 2022

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The U nonimmigrant Status (U Visa) is for victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity.

Broken down into parts you might be eligible if you meet all of the following criteria:

Be the victim of a qualifying crime
Have suffered substantial physical or mental abuse as a result of the criminal activity
You must have information about the criminal activity
You were helpful, are helpful or are likely to be helpful to law enforcement in the investigation or prosecution of the crime
The crime must have occurred in the United States or violated U.S. laws
You are admissible to the U.S. If you are not admissible you can apply for a waiver

In order to begin the process of trying to apply for a U visa you need to be able to obtain Form I-918 Supplement B U Nonimmigrant Status Certification. This form is a certification signed by an authorized official of the certifying law enforcement agency that confirms that you were helpful, are currently being helpful, or will likely be helpful in the investigation or prosecution of the case. This document is extremely important and without it there is no basis for filing the case. The U Visa Category was created to help law enforcement investigate and prosecute certain criminal cases and protect those who have suffered as victims of these crimes, which is why you must be able to obtain this document. If you are able to obtain the certification then you must work closely with your attorney to prepare the additional forms and documents to file your petition.

One of the documents that should also be included in your application is a personal statement from you describing the criminal activity and how it has affected you. This can be especially difficult for victims of crimes, having to relive in some cases a very traumatic experience. But it is important that you give the officer who reads your case as many specific details as possible to give them a full understanding of the physical and mental effects of what was done to you. The statement is an opportunity for you to tell your story on a personal level, not just what is written in a police report.

Other evidence such as medical reports, psychological reports and sometimes photographs can also be helpful evidence for your case. In the end this is all to prove that you are eligible and deserving of a U visa that can possibly later lead to a green card.

If you have been a victim of a crime, you can contact our office to see if there is a possibility of applying for a U-Visa.

This blog is not intended to be legal advice and nothing here should be construed as establishing an attorney client relationship. Please schedule a consultation with an immigration attorney before acting on any information read here.

April Perez

U Visa eligibility

By Denice Flores • May 9, 2025

The U nonimmigrant status (U visa) offers vital protection and legal relief to victims of certain crimes who have suffered mental or physical abuse and are willing to assist law enforcement in the investigation or prosecution of the crime. U visa recipients are granted a work authorization card and can live and work legally in the United States for up to four years, with a path to lawful permanent residency (green card) after having a U visa for three years. The U visa serves as a beacon of hope for survivors of crime who courageously step forward to help law enforcement while navigating their own recovery. Understanding the eligibility criteria and gathering the right documentation is essential to building a strong case. To qualify for a U visa, an applicant must meet all of the following criteria: 1. Victim of a Qualifying Crime You must have been a victim of a qualifying criminal activity , such as: Domestic violence Sexual assault Human trafficking Kidnapping Felonious assault Extortion Witness tampering Other serious offenses A full list of qualifying crimes is provided by U.S. Citizenship and Immigration Services under INA § 101(a)(15)(U). See also: https://www.uscis.gov/humanitarian/victims-of-criminal-activity-u-nonimmigrant-status . 2. Suffered Substantial Physical or Mental Abuse You must demonstrate that you suffered substantial harm as a result of the crime. This may include: Physical injuries Psychological trauma Lasting emotional distress 3. Helpful to Law Enforcement You must be, have been, or are likely to be helpful in the investigation or prosecution of the crime. This includes: Reporting the crime to authorities Cooperating with police or prosecutors Providing information that aids law enforcement efforts A law enforcement certification (Form I-918, Supplement B) is required as proof of this cooperation. 4. The Crime Occurred in the U.S. or Violated U.S. Laws The criminal activity must have: Taken place in the U.S., its territories, or possessions, and Violated U.S. federal, state, or local laws Applicants must also be admissible to the United States. If you are not, based on your immigration history, you may request a waiver using Form I-192 (Application for Advance Permission to Enter as a Nonimmigrant) . Certain qualifying family members may be included in your U visa petition: If you are under 21 years old: Your parents, unmarried siblings under 18, spouse, and children may be eligible to apply with you. If you are 21 years or older: Your spouse and children may qualify to apply with you. Each derivative must meet specific requirements and file appropriate forms. If you have any questions or would like to know more about the U visa eligibility requirements, contact our office to schedule a consultation with one of our experienced immigration attorneys.

If you are a U-1 Nonimmigrant visa recipient, do you know that you may still petition for and help certain family members obtain lawful status through your U visa approval?

By Denice Flores • July 14, 2023

USCIS has a specific application that allows principal U-visa holders (U-1) to petition for family members, even after their U visa was approved. If this petition is approved, the family member can obtain lawful permanent resident (LPR) status in the United States.

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