U Visas for Crime Victims

A U visa is an immigration status for people who were victims of certain crimes in the United States, suffered serious harm because of that crime, and have helped, or are willing to help, law enforcement. It lets you live and work legally in the U.S. for up to 4 years. After 3 years in U status, you can apply for a green card if you meet the requirements. As a U visa lawyer in Gainesville, GA, we help crime victims in Gainesville, Athens and across North Georgia understand whether this path fits them.

You can apply even if you are undocumented today or entered the country without permission. The person who committed the crime also does not have to be convicted.

Who qualifies for a U visa?

To qualify, you have to meet four requirements:

1. You were the victim of “qualifying criminal activity,” meaning one of the crimes listed in the law or one very similar to it.
2. You suffered “substantial physical or mental abuse,” meaning serious harm to your body or your emotional health because of that crime.
3. You have information about the crime.
4. You have helped, are helping, or are likely to help the police, prosecutors, a judge or another authority investigating or prosecuting the crime.

The crime also has to have happened in the United States or broken a U.S. law.

To measure the harm, USCIS looks at how severe it was, how long it lasted and whether it left lasting effects. Say, for example, you lived with violence at home for several years and today you have panic attacks and see a counselor. That emotional harm counts, even if there are no scars.

If the victim is under 16 or cannot help because of a disability, a parent or guardian can provide the information and help in their place. And if the victim was killed in a murder or manslaughter, or was left incapacitated, certain close family members may qualify as “indirect victims,” meaning relatives who can apply because of what happened to the direct victim.

Someone who took part in the crime or shares responsibility for it cannot qualify as a victim of that crime.

Which crimes qualify for a U visa?

The law lists these crimes, along with attempting, conspiring or soliciting to commit them: domestic violence, sexual assault, rape, abusive sexual contact, incest, sexual exploitation, prostitution, human trafficking, stalking, kidnapping, abduction, unlawful criminal restraint, being held hostage, torture, felonious assault, manslaughter, murder, extortion, blackmail, witness tampering, obstruction of justice, perjury, peonage, involuntary servitude, slave trade, female genital mutilation and fraud in foreign labor contracting.

The name Georgia police give the crime does not have to match the list. What matters is whether the facts are “substantially similar” to a listed crime, meaning they share the same basic elements.

Some common crimes, like robbery, are not on the list by themselves. Still, what happened during a robbery sometimes includes another crime that is on the list, such as felonious assault. That is why it is worth reviewing the full police report, not just the name of the charge.

What is U visa certification, and who signs it?

The certification is Form I-918, Supplement B. It is a document in which an authority confirms that you were the victim of a qualifying crime and that you have helped or are likely to help. Without this certification, USCIS cannot approve a U visa.

The agencies that investigate or prosecute the crime can sign it: police, the sheriff’s office, the district attorney, a judge, child protective services, the EEOC (the federal agency that investigates workplace discrimination) and the Department of Labor, among others. It is signed by the head of the agency, a person that official has designated, or a judge.

Three things to know:

• The person who committed the crime does not have to be arrested, charged or convicted.
• The agency can sign even if the case is already closed, as long as you helped at the time.
• The certification has to be signed within the 6 months before we file the petition. If it expires, a new one has to be requested.

The agency decides whether to sign; the law does not require it to. If it refuses, that is serious, but it is not the end of the road. Sometimes another authority involved in the case, such as the prosecutor or the judge, can sign, or the request can be made again with more information. If no one will sign, a U visa is not possible, and then we look at whether another path fits, such as VAWA.

Certification also does not guarantee the visa. USCIS reviews all the evidence and your background before deciding.

How does the U visa process work, step by step?

1. Case review. We review what happened, whether the crime qualifies, how you helped, and your immigration and criminal history.
2. Certification request. We request Supplement B from the agency that investigated or prosecuted the case.
3. Petition preparation. We prepare Form I-918, your personal statement about what you went through, evidence of the harm and, if needed, Form I-192, which is the request for a waiver of issues that would normally keep you from getting the visa.
4. Filing with USCIS. We file everything with the USCIS Nebraska Service Center. If you are including family members, we file a Form I-918, Supplement A for each one.
5. Biometrics. USCIS schedules an appointment to take your fingerprints and photo, and runs a background check.
6. “Bona fide” review. USCIS checks whether the petition is “bona fide,” meaning complete and genuine: a signed certification, a personal statement and a background check. If it approves, you receive a work permit and “deferred action,” meaning a decision not to prioritize your deportation, for 4 years.
7. Waiting list, if there was no bona fide approval. If USCIS does not approve at that stage, it reviews the full case. If you qualify but no visas are available, it places you on the waiting list, with deferred action and the possibility of a work permit.
8. Final approval. When a visa becomes available to you, USCIS reviews the case again and, if everything is in order, approves your U visa for up to 4 years.
9. Green card. After 3 continuous years in the United States in U status, you can apply for a green card.

About timing: the law allows only 10,000 U visas per fiscal year for principal victims, which is why the waiting list exists. We cannot give you a fixed timeline, because it depends on USCIS and changes often, but it is a process that takes several years.

Can I include my family in my U visa?

Yes, in many cases. If you are 21 or older, you can include your husband or wife and your unmarried children under 21. If you are under 21, you can also include your parents and your unmarried brothers and sisters under 18.

The 10,000-visa limit does not apply to family members. If you receive bona fide approval, your family members living in the United States can also receive a work permit and deferred action, if they meet their own requirements.

A family member who committed the crime against you cannot receive a visa as part of your case.

What documents should I gather?

• Police report, case number or criminal court papers
• Name of the agency and, if you know it, the detective or prosecutor who handled the case
• Protective orders, if any
• Medical, counseling or therapy records related to the crime
• Letters from people who saw how it affected you (family, friends, counselors)
• Photos of injuries or damage, if you have them
• Passport, birth certificate and any immigration documents
• Papers from any arrest or criminal case of your own, even if it is old or was closed
• For family members: birth and marriage certificates that prove the relationship

What are the risks of applying for a U visa?

Criminal history. USCIS reviews your background at every stage. If you have arrests or convictions for serious crimes, such as violence or drug sales, you normally will not receive bona fide approval, and for violent crimes the waiver is granted only in extraordinary circumstances. That is serious, but it is not the end of the road. The U visa waiver can cover almost every issue that would block the visa, and USCIS looks at how serious and how many the convictions are, not just whether they exist. That is why we review your history before filing.

A denied petition. If USCIS denies the petition and you have no other legal status, the denial could lead to a deportation case in Immigration Court. The way to manage that risk is to evaluate the case carefully before filing, and to file only when the evidence supports it. If USCIS denies, the decision can be appealed, and in Immigration Court there may be other defenses.

If you already have a case in Immigration Court. You can file for a U visa with USCIS even while you are in court. In some cases, the government attorney may agree to ask the judge to end the court case so USCIS can decide. Tell your immigration lawyer about every court date.

Leaving the country. For a green card, you need 3 continuous years in the United States in U status. A single trip of more than 90 days, or trips that add up to more than 180 days, can break that time, with some exceptions.

Stopping cooperation. If you refuse, without a valid reason, to give information that police or prosecutors reasonably ask for, that can hurt your case, even later on.

What should I decide before starting?

First, whether you are willing to keep helping the authorities if they ask, for example by answering questions or testifying. Second, whether you want to include your family from the start or later. Third, whether it makes sense to look at other options first, such as VAWA if the person who harmed you is your U.S. citizen or permanent resident spouse, or a family-based petition.

It also helps to decide how soon to start. Certification is easier to get while the people who handled the case are still at the agency and remember what happened.

Official resources

• Form I-918: Petition for U Nonimmigrant Status (USCIS)

You don’t have to sort this out alone. Schedule a consultation in Gainesville or Athens, and we’ll look together at whether a U visa is the right path for you.