Victim Visa Attorney

A U visa is a type of nonimmigrant visa that allows victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity to stay and work in the United States for up to four years1. The U visa also provides a path to apply for a green card after three years of continuous presence in the U.S. under U visa status.

To get a U visa, you need to follow these steps:

• Cooperate with law enforcement. You must be a victim of a qualifying criminal activity that occurred in the U.S. or violated U.S. laws, and you must have suffered substantial harm as a result of the crime1. You must also be willing and able to assist law enforcement or government officials in the investigation or prosecution of the crime1. You will need to obtain a certification from a law enforcement agency, such as a police department, prosecutor’s office, judge, or other authority, that confirms your cooperation and helpfulness. This certification is known as Form I-918, Supplement B, U Nonimmigrant Status Certification.

• Complete the online application form. You must fill out Form DS-160, Online Nonimmigrant Visa Application, and submit it electronically through the Consular Electronic Application Center. You will need to provide personal information, such as your name, date of birth, nationality, address, contact details, travel plans, and purpose of visit. You will also need to upload a digital photo that meets the photo requirements.

• Collect the required documents and submit them to USCIS. You must gather the following documents and mail them to the U.S. Citizenship and Immigration Services (USCIS) office that has jurisdiction over your case1:

  • Form I-918, Petition for U Nonimmigrant Status, which is the main application form for the U visa. You must sign and date this form and answer all the questions truthfully and completely.

  • Form I-918, Supplement A, Petition for Qualifying Family Member of U-1 Recipient2, if you want to include any eligible family members in your petition. Eligible family members include your spouse, children, parents (if you are under 21), and unmarried siblings under 18 (if you are under 21)

  • Form I-918, Supplement B, U Nonimmigrant Status Certification, which is the certification from a law enforcement agency that verifies your victimization and cooperation.

  • Form I-192, Application for Advance Permission to Enter as a Nonimmigrant, if you need to apply for a waiver of inadmissibility. Inadmissibility means that you are not eligible to enter or stay in the U.S. because of certain grounds, such as criminal history, health issues, immigration violations, or security risks. You must explain why you are inadmissible and why you deserve a waiver.

  • A personal statement that describes the facts of your victimization, how you suffered substantial harm, how you cooperated with law enforcement, and why you merit a favorable exercise of discretion by USCIS. You should write this statement in your own words and in your own language. You should also include any evidence that supports your statement, such as police reports, medical records, court documents, witness statements, or letters from counselors or therapists.

  • A copy of your passport or other valid travel document that shows your identity and nationality.

  • Two passport-style color photos of yourself taken within 30 days of filing your petition1. You must write your name and date of birth on the back of each photo.

  • Any other evidence that you think is relevant to your case or that USCIS requests from you1.

• Wait for USCIS to process your petition. USCIS will review your petition and supporting documents and check your background and security information. USCIS may request more evidence from you or ask you to appear for an interview if necessary. USCIS will also notify you if your petition is approved or denied. The processing time for U visa petitions varies depending on the workload of USCIS and the complexity of your case. As of August 2023, USCIS estimates that it takes about 60 months (5 years) to process U visa petitions.

• Apply for a U visa stamp at a U.S. embassy or consulate. If your petition is approved and you are outside the U.S., you will need to apply for a U visa stamp at a U.S. embassy or consulate in your country of residence. You will need to schedule an appointment for a visa interview and bring your original passport, Form DS-160 confirmation page, Form I-797 approval notice from USCIS, two passport-style photos, and any other documents that the embassy or consulate instructs you to bring. You will also need to pay the visa application fee of $160. The consular officer will ask you questions about your petition and your eligibility for the U visa. If your visa is approved, you will receive a U visa stamp in your passport that allows you to travel to the U.S. within a certain period of time.

• Enter the U.S. with your U visa. When you arrive at a U.S. port of entry, such as an airport or a border crossing, you will need to present your passport with the U visa stamp, Form I-797 approval notice from USCIS, and any other documents that the border officer asks for. The border officer will inspect your documents and ask you questions about your purpose of visit and your eligibility for the U visa. If you are admitted, you will receive a Form I-94, Arrival/Departure Record, that shows your U visa status and the date by which you must leave the U.S. You will also receive a work authorization card (EAD) that allows you to work legally in the U.S. for the duration of your U visa status1.

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