U Visas for Crime Victims
If you were the victim of a serious crime in the United States and helped law enforcement, the U visa may offer status, work authorization, and eventually a green card — regardless of how you entered the country.
What the U visa is for
Congress created the U visa because crimes go unreported when victims fear that contacting the police will lead to their own deportation. It offers protection to people who come forward, and it makes communities safer by making cooperation possible.
Who qualifies
Broadly, you need to show that you:
- Were the victim of a qualifying criminal activity that occurred in the United States or violated U.S. law;
- Suffered substantial physical or mental abuse as a result;
- Have information about the crime;
- Were, are, or are likely to be helpful to law enforcement in investigating or prosecuting it;
- Are admissible, or can obtain a waiver.
Qualifying crimes include domestic violence, sexual assault, trafficking, kidnapping, felonious assault, extortion, witness tampering, and a range of others — including attempts and conspiracies.
The law enforcement certification
A U visa petition requires a certification from a law enforcement agency, prosecutor, judge, or another authority confirming your helpfulness. This is often the hardest practical step, because agencies are not obliged to sign one and their policies differ considerably.
A conviction is not required
The crime does not have to result in charges or a conviction. What matters is that a qualifying crime occurred and that you were helpful. Cases that went nowhere for reasons outside your control can still support a petition.
The annual cap and the waiting list
Congress limits U visas to 10,000 principal petitions a year, and demand far exceeds that. Petitioners who appear approvable are placed on a waiting list and may be granted deferred action and work authorization while they wait.
The wait is long — measured in years. That is difficult, but the interim protections are meaningful, and time on the list counts toward what follows.
Family members
Certain family members can be included as derivatives. Which relatives qualify depends on your age at the time of filing: petitioners under 21 can generally include parents and unmarried siblings under 18, while those 21 and over can generally include a spouse and unmarried children under 21.
Not sure whether what happened qualifies?
Many people do not realise they are eligible. It costs nothing to find out.
Frequently asked questions
What if I am undocumented?
You can still petition. The U visa exists specifically to protect people who would otherwise be afraid to come forward, and unlawful entry is among the grounds that can be waived.
What if the crime happened years ago?
There is no strict deadline. Older crimes can support a petition, though obtaining a certification can be harder as time passes and personnel change.
What if the police will not sign a certification?
It is a real obstacle and sometimes it can be worked around — another agency, a prosecutor or a judge may be able to certify. Where it truly is not possible, other options such as VAWA or asylum may fit your situation.
Can I work while waiting?
Petitioners placed on the waiting list are generally granted deferred action and can apply for work authorization while the wait continues.
Does this lead to a green card?
Yes. After holding U status for a qualifying period and meeting the continuous presence and cooperation requirements, you can generally apply for permanent residence.
This page is general information about U visas for crime victims, not legal advice, and it does not create an attorney-client relationship. Immigration law changes frequently and eligibility depends on the facts of your case. Past results do not guarantee or predict a similar outcome in any future matter. Please speak with a licensed attorney about your own situation.
Coming forward should not cost you your future.
Consultations are free and confidential. Tell us what happened and we will explain what protection may be available.