U Visa: Protection for Crime Victims

The U visa provides immigration protection to victims of certain serious crimes who suffered substantial harm and are willing to assist law enforcement. It is both a humanitarian remedy and a public safety tool designed to encourage crime reporting.

Because U visas are capped each year, preparation and timing are critical.

Who Is Eligible for a U Visa

To qualify, an applicant must show:

• They were a victim of a qualifying criminal activity.
• They suffered substantial physical or mental abuse.
• They have information about the crime.
• They were, are, or will be helpful to law enforcement.
• The crime occurred in the United States or violated U.S. law.

Common qualifying crimes include domestic violence, sexual assault, trafficking, felonious assault, stalking, and kidnapping.

Law Enforcement Certification (Form I-918, Supplement B)

A signed law enforcement certification is required. This document confirms helpfulness and is one of the most important parts of the case.

Key points:

• An arrest or prosecution is not required.
• Police departments, prosecutors, judges, and certain agencies may sign.
• Agencies are not required to sign, even if eligibility appears clear.

Early advocacy often improves outcomes.

Processing Times and the Bona Fide Determination

U visas are subject to a statutory cap of 10,000 principal approvals per year, which has created long backlogs.

Current USCIS practice includes a bona fide determination review. If the petition is found to be bona fide, USCIS may grant deferred action and work authorization while the applicant waits for a final decision. This does not guarantee approval, but it provides crucial stability during the wait.

Family Members Who May Qualify

Eligible derivative family members depend on the principal applicant's age:

• If the principal is 21 or older: spouse and unmarried children under 21.
• If the principal is under 21: spouse, unmarried children under 21, parents, and unmarried siblings under 18.

Path to a Green Card

After three years in U status, applicants may apply for adjustment of status if they:

• Remained continuously present in the United States.
• Maintained good moral character.
• Continued to cooperate with law enforcement unless excused.

Key Takeaways

• U visas are capped and often involve long waits.
• Law enforcement certification is essential.
• Bona fide determinations can provide interim protection and work authorization.
• Long-term planning is critical for adjustment of status.

If you need help evaluating a U visa case, contact New Horizons Legal at +1 (918) 221-9438.

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This post is for general informational purposes only and does not constitute legal advice. Every case is unique. Consult a qualified immigration attorney to discuss your specific situation.