U nonimmigrant status (“U visa”) is for 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.

Congress created the U visa program to strengthen law enforcement agencies’ ability to investigate and prosecute cases of domestic violence, sexual assault, trafficking of noncitizens and other crimes, and also to protect victims of crimes who have suffered substantial mental or physical abuse due to the crime, but only where the victims are willing to help law enforcement authorities in the investigation or prosecution of the criminal activity.

Getting a U visa is a life-changing event. If approved, you will receive:

1. Up to 4 years in lawful immigration status inside the U.S.;

2. If you also file a waiver application with the U visa application, you will be forgiven for past immigration law violations;

3. Work authorization and eligibility to apply for a driver’s license in your state of residence;

4. Protection from removal/deportation;

5. After living here for 3 years in U status, you might qualify to file for adjustment of status to lawful permanent residence (get a green card);

6. After living here for 5 years with a green card based on your prior U visa, you might qualify for U.S. citizenship.

You may be eligible for a U visa if either you or your child or “next friend” in certain circumstances:

1. are the victim of “qualifying criminal activity” that either occurred in the U.S. or violated U.S. law;

2. suffered “substantial physical or mental abuse” as a result the crime;

3. have information about the criminal activity;

4. were, are, or will likely be, helpful to law enforcement in the investigation or prosecution of the crime;

5. have a valid, unexpired I-918 Supplement B, U Nonimmigrant Status Certification signed by the law enforcement agency; and

6. are admissible to the U.S., or, if you are inadmissible, you qualify for a waiver of the inadmissibility.

The law lists various enumerated crimes that qualify for U visas, including:

1. Abduction

2. Abusive Sexual Contact

3. Blackmail

4. Domestic Violence

5. Extortion

6. False Imprisonment

7. Female Genital Mutilation

8. Felonious Assault

9. Fraud in Foreign Labor Contracting

10. Hostage

11. Incest

12. Involuntary Servitude

13. Kidnapping

14. Manslaughter

15. Murder

16. Obstruction of Justice

17. Peonage

18. Perjury

19. Prostitution

20. Rape

21. Sexual Assault

22. Sexual Exploitation

23. Slave Trade

24. Stalking

25. Torture

26. Trafficking

27. Witness Tampering

28. Unlawful Criminal Restraint

29. Additionally, there are other “similar” offenses that might qualify, but this gets very complicated.

Some family members qualify for a derivative U visa based on their relationship to the direct victim. If the direct victim is under age 21, then parents and unmarried siblings under 18 years of age may also file along with the direct victim. If the direct victim is over age 21, then spouses and children may also file with the direct victim. Whoever acts as the “principal” (primary filer) must be approved before the derivatives can be approved.

The short answer is “yes, probably,” unless you’re a terrorist. U visa applicants can ask for a waiver of their “grounds of inadmissibility,” including unlawful entry and prior deportation/removal orders, but if you have past law violations, you should definitely discuss this with an attorney, because it is complicated and risky.

Congress capped the number of U visas that may be granted to principal petitioners at 10,000 per year. There is no cap for derivative family members, such as spouses, children, or other eligible family members, but the derivatives don’t get approved until the principal is approved. The processing times depend on how many cases are backlogged at the time you filed. As of January 2024, cases were being approved in 5+ years, but that does not mean that your case would take that long, nor should it deter you from filing. You can learn more about USCIS here.

In June 2021, the Biden administration ordered USCIS to begin reviewing pending U visa cases for “bona fide determinations” to start issuing work permits before the final approval of the U visa. This is great news, because it allows applicants to obtain work authorization and even driver’s licenses while they await the U visa.