What is a U Visa and how do I apply? 

U nonimmigrant status, commonly referred to as the U visa, allows people who have been a victim of certain crimes in the U.S. to apply for immigration status. 

In order to apply for the U visa, the applicant (called a petitioner) must:

• Have been a victim of a serious crime in the United States (a list of qualifying crimes can be found here).
  • If your minor child was a victim of a qualifying crime in the United States, you may also be eligible. Please speak with a lawyer if this applies to you.
• Have reported this crime to the police, prosecutors, or certain government agencies in the United States; and helped them as they investigated or prosecuted the crime.
• The petitioner must have suffered substantial harm due to being a victim of the crime. The harm can be physical, mental or emotional.
• The petitioner must get a form signed by the police, prosecutors, or the government agency, stating that the petitioner cooperated with the agency in the investigation  or prosecuting the crime. That form is required for all U visa petitions.
  

How to Apply for a U Visa

Petitioners must submit several immigration forms, proof about being a victim of the crime, and proof of the harm they suffered due to being a victim of the crime. The immigration forms are known as the Form I-918 (application), the Form I-918 Supplement B, and additional documents to apply for the U visa. The Form I-918 and the Form I-918 Supplement B can be found here https://www.uscis.gov/I-918. 

The Form I 918 Supplement B is the form signed by the police, prosecutors, or government agency. Immigration will not approve any U visa application unless you have the signed Form I 918 Supplement B. This signed form must also be sent to immigration within six months after the date the form is signed. 

There may be additional forms to submit, but that depends on your specific case, so please consult with an attorney before submitting a U visa application. 

The wait times for U visa applications are quite long, often multiple years. 

Why is the U Visa so great? 

• It does not matter when the crime happened.
• It does not matter when or how you entered the US. 
• You can apply even if you entered the US without a visa.
• You may apply even if you have been arrested or convicted. You should speak to a lawyer before you apply if you have ever been arrested or have been  in criminal court. 
• You may apply while you are in immigration court. 
• You may apply even if you have been deported or have a removal order (commonly known as a deportation order.) 
• You can include certain family members, such as your spouse or children, in your application.
• You may qualify for a work permit while the U visa application is still pending. 
• U visa holders are able to work for four years. 
• The U visa allows you to apply for a permanent residency, also known as a green card. 

Restrictions:

There are very few restrictions to applying for a U visa. 

• Cannot be a Nazi
• Cannot have participated in genocide
• Cannot have participated in torture
• Cannot have murdered someone

However, if you have a criminal history or a complicated immigration history, it is very important to speak with an attorney before you apply. 

How to Apply:

Anyone who is interested in applying for a U visa should speak with an attorney before filing an application. 

For free legal help, call Legal Services NYC at 917-661-4500 Monday through Friday from 9:30 a.m. to 4 p.m. Learn more about our intake process here.

* The information does not constitute legal advice. You should always consult an attorney regarding your matter. Legal help subject to capacity and location.