Immigrants & Immigration

This article explains how to get a U Visa if you are the victim of a crime.

For more information on who can qualify for a U visa, visit Protections for victims of a crime with a U Visa.

Note: Denied applications may place you at risk of deportation proceedings or being deported. See NTA memo. Be wary of notary fraud The deception of someone(s) with intent to cause damage (not including  forgeries and counterfeiting). and other people without appropriate qualifications offering to file applications. Talk to a lawyer Someone who represents clients in courts or who gives legal advice . 

Cooperate with the police investigation

To apply for a U Visa, you need to help with the police investigation of the crime. Someone who works with the police, like a police officer, a prosecutor, a judge, or another law enforcement person, has to sign a form saying that you were a victim and helped out. This form is called Form I-918, Supplement B. You can't apply for the U Visa without this signed form. Remember, this form is only good for 6 months after it is signed. If it's expired, you can't use it to apply for the U Visa.

Different departments may have different requirements for requesting this form. See, for example, the requirements for the Cook County Sheriff's department.

The Illinois VOICES Act requires local officials to respond to requests for certification. It also provides recourse for victims of qualifying crimes who are wrongly denied certification.

In addition to Form I-918 Supplement B, you must also provide other U Visa application forms, supporting documents, and information.

Getting a U Visa can take a long time and be very complicated. If you get a U Visa Certification, you should talk to a lawyer or a nonprofit group. They can help you with your U Visa application. Just having a signed U Visa Certification doesn't guarantee you'll get the visa. The U.S. Citizenship and Immigration Services (USCIS) will check if you really helped with the investigation, if you're allowed to enter the U.S., and if the crime you were a victim of qualifies. They might decide not to approve your application.

Fill out the U Visa Application 

Form I-918 is the U Visa Application Form. You will need to fill this out.

Fill out the Inadmissibility Waiver

Many people are "inadmissible" because of something they did. For example: 

• Unlawful entry,
• Previous deportations,
• False claims to citizenship, and
• Smuggling.

Some of these can be waived. Others cannot. Some may prevent you from ever receiving an approved U Visa.

You should talk to a lawyer about this.

To ask for your inadmissibility to be waived, use Form I-192.  This form requires a fee that you can check directly on the website. You may qualify for a fee waiver.

Gather evidence

• Biographic information: You need to provide a copy of a current passport A document that lets a person travel outside the country from your home country. It should not be expired. If you cannot get one, you may be able to qualify for a waiver. Additional information may include your birth certificate A legal document with a person's place of birth, time of birth, and parents , marriage certificate, etc.
• Proof that you were a victim and suffered substantial harm: This can be protection orders, police reports about the crime, medical record if you got hurt, court papers, letters from your therapist, news articles, photos of your injuries, and more.
• Proof that you were helpful in the investigation or prosecution of the crime: You can include more than just Supplement B. You can also show other evidence Anything used to show that something is true like trial When the issues of a case are heard in court and decided by a judge or jury transcripts, court papers, police reports, news articles, travel receipts for going to court, and statement from witnesses or officials.  
• Personal Victim Impact Statement: You must write a statement that tells about the crime. You should describe how you felt, suffered, and how you helped law enforcement. When writing a letter, it should be your account of the story. It should be detailed.
• Good moral character and positive discretion: You may also want to include documents that encourage positive discretion. This can include proof of family ties in the U.S. For example, if you have U.S. citizen children. Others can be letters from the community or your employer, proof that you file taxes, etc.

Add family members

Some close family members may qualify to be derivatives on your U Visa application. For example, unmarried children may qualify if under 21. This means you may be able to file Form I-918 Supplement A on their behalf.

You should talk to a lawyer to see if any of your family members can qualify. Be careful not to submit forms for people who do not qualify.

A family member may also need their own Form I-192 if they have any inadmissibility grounds. They must provide supporting documents, such as proof of the qualifying relationship and biographic information, like a birth certificate or passport.

File your application

U.S. Citizenship and Immigration Service (USCIS) lists where you can file your U Visa application under “where to file” on their website.

As of February 2024, the filing center for U Visas for applicants who live in Illinois is:

USCIS Vermont Service Center

Attn: I-918

30 River Road

Essex Junction, VT 05479-0001

Next steps

After you submit the U Visa application, you should get receipt notices for each form you submitted.

You should receive an appointment, requesting that you go to an office for fingerprints.

U Visa cases can remain pending for many years. To view processing times see the USCIS website.

If the certifying agency denies your application, you are entitled to know why. You may appeal A request to change a court's decision a denial When a court rejects or refuses to allow a request; for example, when a judge decides not to grant an attorney's objection. decision. The certifying agency must then respond to your appeal within 30 days.