U Visa for Crime Victims: Eligibility, Certification, and Process

If you are in danger, call 911. For domestic violence or trafficking, confidential hotlines and local victim advocates can help you make a safety plan.

U visa cases are complex, and filing puts your information in front of immigration authorities. Filing does not by itself stop removal proceedings or enforcement. Before you file, talk to a licensed immigration lawyer or a Department of Justice (DOJ)-accredited representative at a recognized nonprofit. Many offer free or low-cost help to crime victims. You can check a representative on the EOIR accredited representative roster. Avoid "notarios" who promise results: see notario fraud and how to verify a lawyer.

You may qualify if all of these are true:

1. You are a victim of qualifying criminal activity.
2. You suffered substantial physical or mental abuse because of it.
3. You have information about the crime. (For a child under 16 or a person with a disability, a parent, guardian, or "next friend" can provide it.)
4. You were, are, or are likely to be helpful to law enforcement or officials investigating or prosecuting the crime.
5. The crime happened in the US or violated US law.
6. You are admissible to the US, or you get a waiver on Form I-192.

You can qualify even if you entered the US without permission, overstayed, or are outside the US. Many immigration problems can be waived for U visa applicants, which is why legal advice matters.

USCIS lists these qualifying crimes, including attempts, conspiracy, or solicitation to commit them, and similar crimes:

Every U visa petition needs Form I-918, Supplement B, signed by an authorized official of a certifying agency. The official confirms that you were, are, or are likely to be helpful. Certifying agencies include police departments, prosecutors' offices, judges, child and adult protective services, and certain federal agencies with investigative duties, such as those that enforce labor and anti-discrimination laws.

Agencies decide for themselves whether to sign. They are not required to, and their policies differ. A lawyer or victim advocate can help you ask the right agency. The certification is only one part of the evidence; USCIS makes the final decision.

Only 10,000 principal petitioners can get U status each fiscal year. Family members don't count toward the cap. Demand is far higher, so the wait is many years. USCIS publishes current processing times on its website.

While you wait:

• Bona fide determination. USCIS can review a pending petition and, if it is bona fide and you meet discretionary standards, grant deferred action and a work permit. USCIS has changed how it runs these reviews over time.
• Waiting list. Petitioners found eligible when no visas are left are placed on the waiting list, with deferred action or parole and the ability to apply for a work permit.
• When a visa becomes available, USCIS approves in the order petitions were received. You don't need to reapply.

Deferred action is a temporary, discretionary protection. It can be ended, so keep in touch with your legal representative.

After your petition is approved, qualifying family members can get derivative U status. File Form I-918, Supplement A with your petition or later.

Family members abroad must go through a US consulate to get their visa. Travel ban. Proclamation 10998 took effect on January 1, 2026, and has no end date. It limits visas for nationals of 39 countries: for 19 countries it suspends almost all visas, and for the other 20 it suspends immigrant visas plus B, F, M, and J visas. USCIS is also holding many pending cases from these countries for extra review. Check Travel ban status before you pay fees or book travel.

• USCIS fees: U visa petitioners and U nonimmigrants are fee exempt for all forms through the green card application, according to USCIS.
• Other costs: legal help (free options exist), document translations, and for family abroad, consular costs.
• Status length: 4 years. It can be extended in limited cases, such as a law enforcement request, exceptional circumstances, consular delays, or a pending green card application.
• Work: principals get a work permit automatically once U status is approved. Family members in the US can apply with Form I-765.
• Confidentiality: federal law protects information in U visa cases, and you can give USCIS a safe mailing address.

You can apply for a green card (Form I-485) if you:

• Have been physically present in the US for a continuous period of at least 3 years in U status, and
• Have not unreasonably refused to help law enforcement since getting U status.

Family members who don't have derivative U status by the time you get your green card lose the chance to get it, so plan the timing with your representative. See adjustment of status. If the abuser was a US citizen or permanent resident spouse or parent, VAWA may be another option, and trafficking victims should also look at the T visa.

2026 policy change. A USCIS policy memo dated May 21, 2026 (PM-602-0199) says people in the US in temporary (nonimmigrant) status should get green cards through adjustment of status only in "extraordinary circumstances," and it applies to pending cases. Talk to a licensed immigration lawyer about how it affects you before you file.

• No signed Supplement B, or the certification is incomplete or expired.
• Not enough evidence of substantial physical or mental abuse.
• The crime is not on the qualifying list or not similar enough to one.
• Inadmissibility issues without an approved Form I-192 waiver.
• Unreasonable refusal to help law enforcement.

If USCIS sends a request for evidence, respond fully and on time. See RFEs and NOIDs.