The U visa provides immigration protection for victims of serious crimes who assist law enforcement with investigation or prosecution efforts. Congress created this specific visa category to strengthen the ability of law enforcement agencies to address crimes like domestic violence, sexual assault and human trafficking, recognizing that undocumented victims often fear reporting crimes due to their immigration status.
Understanding the specific eligibility requirements helps you determine whether this immigration option might be available in your situation.
Qualifying criminal victimization
To qualify for a U visa, you must have been a victim of certain serious crimes that occurred in the United States or that violated U.S. laws. The law specifies qualifying criminal activities including domestic violence, sexual assault, human trafficking, kidnapping, felonious assault, extortion and other similar offenses. You must have suffered substantial physical or mental abuse as a direct result of being victimized by the qualifying criminal activity.
Cooperation with law enforcement
A critical requirement for U visa eligibility involves your cooperation with law enforcement. You must possess information about the criminal activity and demonstrate that you have been helpful, are currently being helpful or are likely to be helpful to law enforcement in the investigation or prosecution of the crime. This cooperation must be certified by a qualifying law enforcement agency using Form I-918 Supplement B, which serves as official verification of your assistance.
Admissibility requirements
You must also be admissible to the United States or eligible for a waiver of inadmissibility. Various factors can make someone inadmissible, including certain criminal convictions, immigration violations, health-related grounds or security concerns. Fortunately, most grounds of inadmissibility can be waived for U visa applicants through filing Form I-192, which requests permission to enter as a nonimmigrant despite inadmissibility issues.
Application process and documentation
The U visa petition requires submitting Form I-918 along with the law enforcement certification, supporting evidence documenting the crime and substantial harm suffered and personal statements explaining your eligibility. If you have certain inadmissibility issues, you must also file Form I-192 requesting waivers of those grounds.
Seeking legal guidance can help you navigate this complex process and maximize your chances of approval while protecting your rights and safety throughout the application process.