Who qualifies
To qualify, you must have been the victim of a qualifying crime (the list includes domestic violence, sexual assault, felonious assault, kidnapping, trafficking, extortion and many others), have suffered substantial physical or mental harm, have information about the crime, and have been, be, or be likely to be helpful to the investigation or prosecution. The crime must have occurred in the United States or violated U.S. law. The U Visa also carries one of the broadest waivers in immigration law: it can forgive even a false claim to U.S. citizenship or the permanent bar, which is why a U Visa is sometimes the only form of relief for which a person remains eligible.
The certification
The foundation of every U Visa case is Form I-918, Supplement B: a certification from a law enforcement agency, prosecutor, judge or other qualifying authority confirming the applicant’s helpfulness. Obtaining this certification is often the most important step in the case. Our office is experienced in preparing certification requests and working with certifying agencies, both in north Georgia and nationwide.
What to expect
- A confidential consultation. We review what happened, when it happened, and which agency was involved.
- The certification request. We prepare the request for the certifying agency and follow it through to a decision.
- Filing Form I-918. We file the petition with your declaration, evidence of harm, and any waiver of inadmissibility that is needed.
- The waiting period. Because Congress limits U Visas to 10,000 each year, approved applicants are placed on a waiting list. During that time, USCIS generally grants deferred action and work authorization.
Common questions
Can I get a U Visa if I never filed a police report?
Possibly. A U Visa requires certification from a law enforcement or other qualifying agency that you were helpful in an investigation, but a formal police report is not the only route to that certification. Prosecutors, judges and some state agencies can sign too.
How long does a U Visa take?
Years, honestly. Congress caps U Visas at 10,000 a year and demand is far higher. USCIS now reviews cases early for a “bona fide determination” that can bring work authorization sooner. We will tell you the current wait at your consultation and discuss whether this is a viable option for you.
Can my family be included?
Yes. If you are 21 or older you can include your spouse and unmarried children under 21. If you are under 21 you can also include parents and unmarried siblings under 18.
The crime happened years ago. Is it too late?
Not necessarily. There is no filing deadline for a U Visa, though the certifying agency must still be willing to confirm your helpfulness, which is easier the more recent the case.
I have a criminal record myself. Can I still apply?
Often yes, with a waiver. The U Visa has one of the broadest waivers in immigration law. This is also where having a criminal defense attorney in the same office matters.
This page is general information about federal immigration law and is not legal advice about your situation. Timelines are set by USCIS and change.