Rosa did not report what happened to her. She was afraid, not of her attacker, but of what reporting might mean for her immigration status. She had been in the United States for six years without legal authorization, and she believed that calling the police would lead directly to deportation. So she stayed quiet, and she stayed afraid.
Rosa’s situation is far more common than most people realize. Immigrant communities, particularly undocumented immigrants, are disproportionately targeted by criminals who exploit the fear of law enforcement contact. Recognizing this, Congress created the U visa specifically to protect immigrant crime victims and encourage them to cooperate with law enforcement without fear of deportation.
If you or someone you know has been the victim of a crime in the United States, the U visa may be one of the most important legal options available to you.
What Is the U Visa?
The U visa is a nonimmigrant visa created under the Victims of Trafficking and Violence Protection Act of 2000. It provides temporary legal status to immigrants who have suffered substantial physical or mental abuse as victims of certain qualifying crimes and who have cooperated, or are willing to cooperate, with law enforcement in the investigation or prosecution of that crime.
Beyond providing lawful status in the United States, the U visa comes with work authorization and, after three years of continuous U visa status, may provide a pathway to a green card and in the end permanent residency.
Up to 10,000 U visas are issued per year. Due to high demand, there is currently a real wait list, with current wait times of roughly 7 to 10 years before a U visa is even granted, but applicants who are approved for the waiting list receive what is known as “deferred action,” which provides protection from deportation and work authorization while they wait.
What Crimes Qualify for a U Visa?
Not every crime makes someone eligible for a U visa. The law specifies a list of qualifying criminal activities. Some of the most common include:
- Domestic violence
- Sexual assault
- Rape
- Trafficking
- Kidnapping
- Felonious assault
- Stalking
- Manslaughter or murder (for surviving family members)
- Female genital mutilation
- Obstruction of justice
- Perjury
- Extortion or blackmail
The crime must have occurred in the United States or violated U.S. laws. Also keep in mind that the crime does not need to have resulted in an arrest or prosecution for you to be eligible, what matters is that you were a victim and that you are or were willing to help law enforcement.
Who Qualifies for a U Visa?
To qualify for a U visa, you must meet all of the following requirements:
- You have been the victim of a qualifying crime
- You have suffered substantial physical or mental abuse as a result of the crime
- You have information about the crime
- You have been, are being, or are likely to be helpful to law enforcement in the investigation or prosecution of the crime
- The crime occurred in the United States or violated U.S. laws
- You are admissible to the United States or are able to obtain a waiver
Family members of U visa holders may also qualify for derivative U visa status, including spouses, children, and in some cases parents and siblings, depending on the age of the primary applicant.
What Is the Law Enforcement Certification Requirement?
One of the most important, and sometimes most challenging, parts of the U visa application is the law enforcement certification. This is Form I-918B, which must be completed and signed by a certifying official from a law enforcement agency involved in the investigation or prosecution of your case.
Certifying agencies can include local police departments, prosecutors’ offices, judges, child protective services, and other government agencies with authority to investigate or prosecute qualifying crimes. An attorney can help you identify the right agency to approach and guide you through the certification process, which can feel daunting if you have previously been afraid to interact with law enforcement.
What Happens After a U Visa Is Approved?
If your U visa is approved, you will receive a nonimmigrant visa status valid for up to four years. This status includes work authorization. Extensions beyond four years are available in limited circumstances.
After holding U visa status for three continuous years, you may be eligible to apply for a green card (lawful permanent residence) through a process called adjustment of status. This is an important benefit, the U visa is not just a temporary solution but a potential path to permanent stability in the United States.
Can Undocumented Immigrants Apply for a U Visa?
Yes. Immigration status at the time of the crime does not affect U visa eligibility. Undocumented immigrants, individuals who overstayed a visa, and people with other immigration complications can all apply for a U visa. If there are issues in your background that would normally make you inadmissible, there is a specific waiver (Form I-192) available to U visa applicants, and USCIS applies a discretionary standard that is generally favorable to crime victims.
This is one of the reasons why having an experienced immigration attorney is so valuable for U visa cases. A lawyer can assess your full immigration history, identify any potential complications, and help you present the strongest possible application.
Speak With a Chicago Humanitarian Visa Attorney Today
At JLB Law Group, we understand that coming forward as a crime victim takes courage, especially when you are worried about your immigration status. We are here to help you understand your options, protect your rights, and guide you through every step of the U visa process with honesty and respect.
You do not have to live in fear. Contact our office today or reach out through our website to schedule a confidential consultation. We are ready to help.
If you’re located in the Chicago area, our Naperville immigration lawyer team at JLB Law Group can guide you through U visas and other humanitarian relief. You may also find our related article, DACA Renewal: What Recipients Need to Know, helpful.
Frequently Asked Questions
How long does it take to get a U visa?
Due to the annual cap of 10,000 U visas, there is a substantial wait list. Processing times have historically been several years. However, applicants placed on the wait list receive deferred action status, which provides protection from deportation and eligibility for work authorization while waiting.
Do I have to testify in court to get a U visa?
No. You do not need to testify in court. You must be willing to assist law enforcement in the investigation or prosecution of the crime, but this can include providing information to police, cooperating with prosecutors, or other forms of assistance. An attorney can help you understand what cooperation means in your specific situation.
What if the person who committed the crime was a family member?
Many U visa cases involve domestic violence, where the perpetrator is a spouse or intimate partner. This does not disqualify you from applying. The requirement is that you were a victim of a qualifying crime and are willing to cooperate with law enforcement, even if the law enforcement agency in the end decides not to prosecute.
Can I apply for a U visa if the crime happened years ago?
Yes, in many cases. There is no strict statute of limitations for U visa eligibility, though older cases can present challenges in obtaining law enforcement certification. An immigration attorney can assess the specific facts of your situation and advise on the best approach.