Immigrants & Immigration

It is lawful immigration status that lets non-citizens stay and work in the US lawfully. After four years in U visa status, they can apply for lawful permanent residence (LPR or green card).

Only victims of a specific list of crimes can qualify. They must have suffered substantial physical or mental harm because of the crime. The crime must have happened in the US or US territory, possession, or military base abroad. An applicant must provide proof they helped, are helping, or would help in the investigation or prosecution of the crime. They must also be admissible to the US. There is a waiver available for many grounds of inadmissibility.

There are three types of people who can apply for a U visa:

• Direct victims of the crime,
• Indirect victims, and
• Bystander victims.

Indirect victims
The applicant can be the direct victim of crime. An indirect victim can qualify for a U visa if a family member was a victim of the crime. They must have cooperated with law enforcement because the direct victim was killed, incapacitated, or incompetent. If the direct victim is under 21 years old, their parents and siblings under 18 years old might qualify as indirect victims. If the direct victim is 21 years old or older, their spouse and any children under 21 years old may qualify as indirect victims. Indirect victims must also meet all the additional requirements for a U visa. The indirect victim must have suffered harm because of the crime against the direct victim. 

A person can be considered incompetent because of age. For example, a ten year old direct victim might be considered incompetent because of their age. Their parents or older siblings will likely be the ones more directly cooperating with law enforcement. They may qualify for a U visa as indirect victims. However, the government might not count a 20 year old as incompetent to cooperate with law enforcement. 

A person can be considered incompetent at any age. For example, a 55 year old person with dementia may be the direct victim of a qualifying crime. Their spouse may an indirect victim if they suffered harm too and cooperated with law enforcement. The direct victim with dementia could be considered incompetent.

The direct victim does not need to be undocumented for the indirect victims to qualify for U visas. For example, a seven year old US citizen child is the victim of a qualifying crime. Their 17 year old sibling and parents are undocumented. They may qualify as indirect victims if they suffered substantial harm and cooperated with law enforcement.

Bystander victims
A person could also qualify for a U visa if they witnessed a crime happening. They must have suffered substantial harm as a result of witnessing the crime and cooperated with law enforcement. For example, if a person witnessed several people shot and killed in a mass shooting. They were not physically harmed during the shooting. They suffered severe emotional trauma as a result of witnessing the shooting. They may qualify for a U visa as a bystander victim. They will also need to show they cooperated with law enforcement.

A person may qualify for a U visa if they, or their family member was a victim of one of the following crimes:

• Domestic violence,
• Rape or sexual assault,
• Trafficking,
• Torture,
• Abusive sexual contact,
• Prostitution,
• Incest,
• Sexual exploitation,
• Peonage or debt servitude,
• Being held hostage,
• Female genital mutilation,
• Involuntary servitude,
• Kidnapping or abduction,
• False imprisonment,
• Blackmail or extortion,
• Felonious assault,
• Perjury,
• Obstruction of justice,
• Murder or manslaughter,
• Fraud in foreign labor contracting,
• Slave trade,
• Stalking,
• Witness tampering,
• Unlawful criminal restraint, or
• Other related crimes where the elements of the crime are substantially similar.

A person might qualify for a U visa if they were victims of an attempt to commit, conspiracy to commit, or solicitation to any of the above. For example, if a person is a victim of attempted kidnapping, they may qualify for a U visa.

A person must have been in contact with law enforcement and given information about the crime that happened. This could mean that the applicant called the police and filed a report or otherwise gave the police a statement. It could also mean that they testified in a court case, or provided a written statement for a court case.

A person does not have to press charges against a perpetrator to be considered cooperative. If law enforcement asks the applicant to help, and they refuse, that would be considered not cooperating. The person would not be eligible for a U visa if they do not cooperate.

An applicant’s personal statement will be the most important piece of evidence of the harm a person suffered. They can also submit additional materials to show how they suffered. This includes medical records, psychological evaluations, photographs of injuries, or more. This can also include letters from people who can talk about the suffering a person went through because of the crime.

USCIS will look at many factors when deciding whether the applicant suffered substantially. They will consider the type of crime committed and the severity of the harm suffered. They will also look at whether the physical injuries or mental harm are temporary or permanent.

A person could be considered inadmissible for many reasons under the law. Some common grounds are:

• They entered the US without inspection (for example, between ports of entry),
• They were previously in the US without lawful presence, or they entered and exited multiple times,
• They were previously deported from the US,
• They provided false or misleading information to a US government official, including immigration officers,
• They were previously convicted of a crime in the US,
• They falsely claimed they were a US citizen, and
• They smuggled people into the US illegally, which may include bringing their family into the US.

If a person is inadmissible, they can file a Form I-192, Application for Advance Permission to Enter as a Nonimmigrant. This is also known as an inadmissibility waiver for the U visa. It is a request to forgive someone for being inadmissible. The only grounds that are not waivable are for the perpetrators of Nazi persecutions, genocide, torture, or extrajudicial killings.

The applicant must show that they deserve a waiver and letting them have the U visa is in the “public interest.” There is no set standard to prove this. The officers will look at many factors in the applicant’s life. This includes how much harm they suffered, whether they have access to treatment or support services outside of the US, and whether they can pursue the criminal case against their perpetrators outside of the US. The government will also look at whether they have family members in the US, and whether they have positively contributed to their community. If the applicant has serious criminal or immigration violations, it’s important to show that they have been rehabilitated and have otherwise had a peaceful life in the US.

Inadmissibility is a complex legal issue. It’s important to talk to a lawyer if you think you might be inadmissible. They can help you understand any grounds that may disqualify you, and help prevent unnecessary disclosure of information to the government.

U visa applicants can apply to include their derivatives in their applications. This is different from a family member being an indirect victim. An indirect victim must meet all the requirements for a U visa. They must cooperate with law enforcement and show evidence of substantial harm. Derivatives only need to show that they are related to the U visa applicant. If the applicant is 21 years old or older, their spouse and their children under 21 years old can be derivatives. If the applicant is under 21 years old, they can include their parents, their siblings under 18 years old, and their spouse and children, if any.

Derivatives must be admissible to the US. If they are inadmissible, they must also file a waiver.

The applicant must fill out Form I-918 Petition for U nonimmigrant status. They must also include a Form I-918 Supplement B. This form must be completed by a law enforcement agency, or prosecuting attorney. The form says the applicant was a victim of a qualifying crime, and suffered substantial harm. An application must also include a written personal statement from the applicant.

If the applicant is inadmissible, they must file a waiver with Form I-192. These forms are filed with the US Citizenship and Immigration Services (USCIS).

If the applicant has derivatives, then they must also file Form I-918 Supplement A for each family member.

There is no cost to file the Form I-918 and the Form I-918 Supplement B. 

As of November 2025, U visa applicants and derivatives do not have to pay a fee to file the Form I-192 waiver.

It’s when USCIS decides that a U visa application is “bona fide”. An application is “bona fide” when it is fully completed and filed correctly. The applicant must also pass a criminal background check. Their background check must not show any national security, public safety, or other concerns. If these two things are true, then the government makes a “bona fide determination” (BFD).

If USCIS makes a BFD, the applicant can get work authorization while they wait for their full U visa. They may also be able to get “deferred action.” This means the government agrees to not arrest the person for immigration violations while they wait for their U visa.

The Illinois VOICES Act requires local officials to respond to requests for certification within 90 business days. If the applicant is in immigration detention, they are required to respond within 21 business days.

The law does not require local officials to sign the I-918B certification. They can respond to the requestor and decline to sign the certification.

There is a long wait to get a U visa. Currently, USCIS can only estimate how long it will take for someone to get a BFD. It typically takes 2-3 years to get a BFD. The U visa will be given once a visa is available, which can take an additional 4-7 years. To see the processing estimates, select “Form I-918 Petition for U nonimmigrant status” from the drop down list.

After three years in U visa status, a person can apply for a green card. Once they get a green card, they may be eligible for citizenship in the future. This means the U visa is a pathway to citizenship. U visa applicants derivatives can also get a green card and eventually become citizens. 

If a person gets a BFD, they can get work authorization while waiting for their U visa.

If a U visa is denied, they may be put in removal proceedings and deported. This is especially true if they have no other lawful status. This is the biggest risk to applying for a U visa. Some people might not want to take the risk of exposing their information and location to the government by applying for a U visa if it means they could be deported.