Eligibility Requirements
U visa eligibility requires satisfying each of five statutory elements. USCIS evaluates every element closely, and incomplete evidence on any single requirement can result in a Request for Evidence or denial of an otherwise meritorious case.
1. Victim of a Qualifying Crime
The applicant must be the victim of qualifying criminal activity that occurred in the United States or violated U.S. law. The list of qualifying crimes is broad and includes attempts, conspiracy, and solicitation to commit qualifying crimes in many circumstances. Qualifying crimes are organized into several categories:
Violent and Interpersonal Crimes
- Domestic violence
- Sexual assault and rape
- Abusive sexual contact
- Felonious assault
- Kidnapping and abduction
- Unlawful criminal restraint
- False imprisonment
- Stalking
- Murder and manslaughter (for qualifying indirect victims)
Trafficking and Exploitation
- Human trafficking
- Involuntary servitude
- Peonage and slave trade
- Forced labor
- Sexual exploitation
Other Qualifying Offenses
- Blackmail and extortion
- Witness tampering
- Obstruction of justice
- Perjury (in certain contexts)
- Fraud in foreign labor contracting
- Other criminal activity with substantially similar elements to the listed offenses
2. Substantial Physical or Mental Abuse
The applicant must have suffered substantial physical or mental abuse as a result of the qualifying criminal activity. USCIS evaluates whether the harm was substantial by considering the severity of the injury or harm, the duration or frequency of the abuse, and the overall impact on the victim's life.
Importantly, substantial abuse does not always require catastrophic physical injury. Serious emotional trauma, psychological harm, coercive control, and ongoing mental health consequences can satisfy this requirement when properly documented. Strong evidence of substantial abuse may include medical records, mental health treatment records, hospital and emergency room documentation, photographs of injuries, victim impact statements, police reports documenting the victim's condition, and professional evaluations from medical or mental health providers.
3. Helpfulness to Law Enforcement
The applicant must demonstrate that they have been helpful, are being helpful, or are likely to be helpful to law enforcement, prosecutors, judges, or other government authorities in the detection, investigation, or prosecution of the qualifying criminal activity. Helpfulness can take many forms, including reporting the crime, providing statements to police or investigators, cooperating with prosecutors, testifying or being willing to testify, and responding to law enforcement follow-up requests.
An applicant who was helpful but later refused to cooperate without a legitimate reason may not meet this requirement. We work with clients to document their cooperation history and address any gaps or concerns before filing.
4. Law Enforcement Certification (Form I-918, Supplement B)
A qualifying law enforcement agency, prosecutor, judge, or other certifying authority must sign the U visa certification confirming that the applicant was a victim of qualifying criminal activity and has been, is being, or is likely to be helpful in the investigation or prosecution. This certification is submitted on Form I-918, Supplement B and is a mandatory element of every principal U visa application.
Obtaining certification can be the most challenging procedural hurdle in U visa cases. Different law enforcement agencies have different internal policies, designated certifying officials, processing timelines, and documentation expectations. Some agencies process certification requests promptly; others require extensive follow-up and precisely organized supporting materials. We prepare detailed certification request packages that present the facts clearly and help certifying agencies process the request efficiently.
5. Admissibility (or Waiver via Form I-192)
Applicants must be admissible to the United States or obtain a waiver of any applicable grounds of inadmissibility. Many U visa applicants have prior immigration issues — such as unlawful presence, prior removal orders, unauthorized employment, or prior misrepresentations — that trigger inadmissibility grounds. In these cases, USCIS has broad discretionary authority to grant waivers under the U visa framework, but waiver success still depends on presenting complete facts, demonstrating rehabilitation where applicable, and building a compelling humanitarian case.
The waiver is filed using Form I-192 (Application for Advance Permission to Enter as a Nonimmigrant) and should include a detailed personal declaration, evidence of the criminal victimization, cooperation with law enforcement, family ties in the United States, hardship factors, and any evidence of rehabilitation or positive community contributions.
Important: You do not need lawful immigration status to apply for a U visa. Congress specifically created the U visa to protect crime victims regardless of their immigration status. Many U visa applicants are undocumented at the time of filing and may still qualify for the visa and eventual lawful permanent residence.
How Chris Hammond Law Firm Helps U Visa Applicants
Eligibility Analysis and Evidence Planning
We begin every case with a detailed review of the qualifying criminal activity, available evidence, and the applicant's immigration history. We identify which crimes qualify, assess the strength of the abuse evidence, evaluate helpfulness documentation, and determine whether any inadmissibility issues require waiver planning.
Law Enforcement Certification Coordination
We prepare organized, complete certification request packages tailored to the specific agency's requirements and follow up strategically to keep the certification process moving forward.
Application Preparation and Filing
We build the full U visa petition package including Form I-918, the applicant's personal declaration, corroborating evidence of victimization and abuse, helpfulness documentation, and any derivative family member applications.
Waiver Strategy and Filing
When inadmissibility issues exist, we develop and file the Form I-192 waiver application with supporting evidence designed to present the strongest possible case for discretionary approval.
Ongoing Case Management
U visa cases can take years to adjudicate due to annual caps and USCIS processing backlogs. We maintain contact with clients throughout the process, respond to any Requests for Evidence, and advise on interim benefits such as deferred action and work authorization that may be available while the case is pending.
Need help with a U visa case?
We can review your facts, assess eligibility, and build a practical filing strategy designed to address every element USCIS will evaluate.
Schedule consultationWhat to Expect: U Visa Process and Timeline
U visa cases move through several stages, and the timeline from initial consultation to final decision can span years due to annual visa caps (10,000 U visas per fiscal year) and USCIS processing backlogs. Understanding the process helps families plan realistically.
Initial Consultation and Eligibility Assessment
We begin by evaluating whether the criminal activity qualifies, reviewing available evidence of victimization and abuse, assessing the applicant's cooperation history with law enforcement, and identifying any admissibility concerns that will require waiver filing. This initial assessment shapes the entire case strategy.
Law Enforcement Certification
We prepare and submit a detailed certification request package to the appropriate certifying agency. Different agencies — local police departments, district attorney offices, federal agencies, state attorneys general, and others — have varying policies and processing timelines. Some agencies respond within weeks; others take months. We follow up strategically and, where necessary, work with supervisory officials to move the certification forward.
Filing the U Visa Petition
Once certification is obtained, we assemble and file the complete U visa petition package with USCIS. This includes Form I-918, the signed Supplement B certification, the applicant's personal declaration describing the crime and its impact, supporting evidence of substantial abuse, documentation of helpfulness, and applications for any derivative family members.
Waiver Filing (if needed)
If inadmissibility grounds exist, we file Form I-192 with a comprehensive discretionary evidence package. Common inadmissibility issues for U visa applicants include unlawful presence, unauthorized employment, prior removal orders, fraud or misrepresentation, and certain criminal matters. USCIS applies a broad discretionary standard in U visa waiver cases, weighing the applicant's victimization, cooperation, humanitarian factors, and rehabilitation against negative factors.
Waiting List and Interim Benefits
Due to the annual cap, many approved U visa applicants are placed on a waiting list rather than receiving the visa immediately. USCIS generally grants deferred action and work authorization to applicants on the waiting list, providing interim protection and the ability to work legally while waiting for a visa number. We monitor waiting list movement and advise on interim benefits, including employment authorization renewal timelines.
U Visa Approval and Path to Permanent Residence
After receiving the U visa, holders may eventually apply for lawful permanent residence (green card) after meeting continuous physical presence and other requirements. This transition is an important long-term planning step, and we advise clients on timing, eligibility, and evidence requirements for the green card application.
Frequently Asked Questions
What crimes qualify for a U visa?
Qualifying crimes include domestic violence, sexual assault, trafficking, kidnapping, abduction, torture, and other serious offenses. The key requirement is that you were a victim, suffered substantial abuse, and have been helpful to law enforcement in the investigation or prosecution.
How long does a U visa case take?
U visa processing times are currently very long — often 5 years or more — due to the annual cap of 10,000 visas. However, applicants may receive deferred action and work authorization while waiting.
Do I need a law enforcement certification for a U visa?
Yes. You need a signed certification (Form I-918 Supplement B) from a qualifying law enforcement agency confirming that you were helpful, are being helpful, or are likely to be helpful in the investigation or prosecution of the crime.
Can my family members get U visas too?
Yes. Certain qualifying family members can be included as derivative U visa applicants, including your spouse, children, and in some cases parents and siblings (if you are under 21).
Can I get a green card after receiving a U visa?
Yes. U visa holders may apply for lawful permanent resident status after maintaining U visa status for 3 years and meeting other eligibility requirements.
What if the police won't sign the law enforcement certification?
There is no legal requirement for police to sign the certification. If an agency refuses, an attorney may be able to approach other qualifying agencies (district attorney, EEOC, state agencies) or help advocate for certification.
Can undocumented immigrants apply for a U visa?
Yes. U visa eligibility is not affected by immigration status. The U visa was specifically created to protect crime victims regardless of how they entered or their current status.
Will applying for a U visa put me at risk of deportation?
USCIS has policies limiting the use of information from U visa applications for enforcement purposes. While no guarantee is absolute, the program is designed to encourage victims to come forward without fear of deportation.