The U nonimmigrant status (U visa) is set aside 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 nonimmigrant visa with the passage of the Victims of Trafficking and Violence Protection Act—including the Battered Immigrant Women’s Protection Act—in October 2000.
The legislation was intended to strengthen the ability of law enforcement agencies to investigate and prosecute cases of domestic violence, sexual assault, trafficking of aliens, and other crimes—while also protecting victims of crimes who have suffered substantial mental or physical abuse due to the crime and are willing to help law enforcement authorities in the investigation or prosecution of the criminal activity. The legislation also helps law enforcement agencies to better serve victims of crimes.
U Nonimmigrant Eligibility
You may be eligible for a U nonimmigrant visa if:
• You are the victim of qualifying criminal activity.
• You have suffered substantial physical or mental abuse as a result of having been a victim of criminal activity.
• You have information about the criminal activity. If you are under the age of 16 or unable to provide information due to a disability, a parent, guardian, or next friend may possess the information about the crime on your behalf.
• You were helpful, are helpful, or are likely to be helpful to law enforcement in the investigation or prosecution of the crime. If you are under the age of 16 or unable to provide information due to a disability, a parent, guardian, or next friend may assist law enforcement on your behalf.
• The crime occurred in the United States or violated U.S. laws.
• You are admissible to the United States. If you are not admissible, you may apply for a waiver on a Form I-192, Application for Advance Permission to Enter as a Nonimmigrant.
Qualifying Criminal Activities
• Abduction
• Abusive Sexual Contact
• Blackmail
• Domestic Violence
• Extortion
• False Imprisonment
• Female Genital Mutilation
• Felonious Assault
• Fraud in Foreign Labor Contracting
• Hostage
• Incest
• Involuntary Servitude
• Kidnapping
• Manslaughter
• Murder
• Obstruction of Justice
• Peonage (debt slavery/servitude)
• Perjury
• Prostitution
• Rape
• Sexual Assault
• Sexual Exploitation
• Slave Trade
• Stalking
• Torture
• Trafficking
• Witness Tampering
• Unlawful Criminal Restraint
• Other similar crimes, including attempt, conspiracy, or solicitation to commit these crimes
Applying for U Nonimmigrant Status (U Visa)
To apply (petition) for a U nonimmigrant status, submit:
• Form I-918, Petition for U Nonimmigrant Status.
• Form I-918, Supplement B, U Nonimmigrant Status Certification. The Form I-918, Supplement B, must be signed by an authorized official of the certifying law enforcement agency and the official must confirm that you were helpful, and currently being helpful, or will likely be helpful in the investigation or prosecution of the case.
• If any inadmissibility issues are present, you must file a Form I-192, Application for Advance Permission to Enter as Nonimmigrant, to request a waiver of the inadmissibility.
• A personal statement describing the criminal activity of which you were a victim.
• Evidence to establish each eligibility requirement—visit the United States Citizenship and Immigration Services (USCIS) form section online at https://www.uscis.gov/forms/forms, and specifically the forms based on humanitarian benefits.
You may also apply (petition) for U nonimmigrant status if you are outside the United States. To do so, you must:
• File all the necessary forms for U nonimmigrant status with the Vermont service center.
• Follow all instructions that are sent from the Vermont Service Center, which will include having your fingerprints taken at the nearest U.S. Embassy or Consulate.
• If your petition is approved, you must consular process to enter the United States, which will include an interview with a consular officer at the nearest U.S. Embassy or Consulate.
• Information about your nearest United States Embassy or Consulate can be found at www.usembassy.gov.
Filing for Qualifying Family Members
Certain qualifying family members are eligible for a derivative U visa based on their relationship to you, the principal, filing for the U visa. The principal petitioner must have their petition for a U visa approved before their family members can be eligible for their own derivative U visa.
If you, as the principal, are under 21 years of age, you may petition on behalf of your spouse, children, parents, and unmarried siblings under age 18. If you are 21 years of age or older, you may petition on behalf of your spouse and children.
To petition for a qualified family member, you must file a Form I-918, Supplement A, Petition for Qualifying Family Member of U-1 Recipient, at the same time as your application, or at a later time.
Fees to File U Nonimmigrant Status Applications U Visa Extensions
• All U nonimmigrant status applications (petitions) and other forms related to the U petition are filed with the USCIS Vermont Service Center.
• All U nonimmigrant status applications (petitions) are free. You may request a fee waiver for any other form that is necessary for your U nonimmigrant status application (petition) by filing a Form I-912, Request for Fee Waiver, or by including your own written request for a fee waiver with your application or petition.
U Visa Extensions
When U nonimmigrant status is granted, it is valid for four years. But extensions are available in certain limited circumstances if the extension is:
• Needed based on a request from law enforcement;
• Needed based on exceptional circumstances;
• Needed due to delays in consular processing;
• Automatically extended upon the filing and pendency of an application for adjustment (application for a green card).
U Visa Cap
• The limit on the number of U Visas that may be granted to principal petitioners each year is 10,000. But there is no cap for family members deriving status from the principal applicant, such as spouses, children, or other eligible family members.
• If the cap is reached before all U nonimmigrant petitions have been adjudicated, USCIS will create a waiting list for any eligible principal or derivative petitioners who are awaiting a final decision and a U visa. Petitioners placed on the waiting list will be granted deferred action or parole and are eligible to apply for work authorization while waiting for additional U visas to become available.
• Once additional visas become available, those petitioners on the waiting list will receive their visa in the order in which their petition was received. Petitioners on the waiting list do not have to take any additional steps to request the U visa. USCIS will notify the petitioner of the approval and the accompanying U visa.
Employment Authorization
Principal U nonimmigrant petitioners are “employment authorized incident to status” after the underlying petition for U nonimmigrant status is approved and an employment authorization document is automatically issued without filing Form I-765, Application for Employment Authorization.
Derivative family members residing inside the United States are also employment authorized incident to status, however an employment authorization document is not automatically issued. Form I-765, Application for Employment Authorization, may be filed for a derivative to obtain an employment authorization document.
Employment authorization for principals and derivatives can only be issued after the underlying U nonimmigrant status petition is approved, regardless of when the Form I-765, Application for Employment Authorization, is filed.
If the statutory cap is reached in a fiscal year and USCIS uses the waiting list process described at 8 CFR 214.14(d)(2), petitioners for U nonimmigrant status and derivatives in the United States can apply for employment authorization using Form I-765, Application for Employment Authorization, based on deferred action.
An application for employment authorization based on deferred action can only be approved after DHS has deferred action in your case, regardless of when the Form I-765 is filed.
Applying for a Green Card
You may be eligible to apply for a green card (adjustment of status/permanent residence) if you meet certain requirements, including:
• You have been physically present in the United States for a continuous period of at least three years while in U nonimmigrant status, and
• You have not unreasonably refused to provide assistance to law enforcement since you received your U visa
• To apply for permanent residence (a green card) for yourself or a qualifying family member, visit the USCIS Green Card for a Victim of a Crime (U Nonimmigrant) page located online at https://www.uscis.gov/green-card-for-a-victim-of-a-crime-u-nonimmigrant.
• Any qualifying family member who does not have a derivative U visa when the principal U nonimmigrant receives a green card is no longer eligible for a derivative U visa, but may still be eligible to apply for lawful permanent residence (green card).
• For information on extending your principal U visa to ensure your family member remains eligible for a U visa, see the T and U visa extension memorandum located online at https://www.uscis.gov/sites/default/files/document/memos/exten.status-tandu-nonimmigrants.pdf.
Family Members Deriving Status
If the family member deriving status based on your status has met the eligibility requirements for a green card, they may apply for lawful permanent residence by filing their own Form I-485, Application to Register Permanent Residence or Adjust Status.
Even if your family members never had U nonimmigrant status or a U visa, they may still be eligible for a green card.
• First, you must file a Form I-929, Petition for Qualifying Family Member of U-1 Nonimmigrant, for each eligible family member.
• You may file the Form I-929 at the same time or after you file your Form I-485.
If the Form I-929 for your family member(s) is approved:
• Family members in the United States may file the Form I-485 to apply for a green card.
• Family members outside the United States must first visit a U.S. embassy or consulate to obtain their immigrant visa. Information for the local U.S. embassy or consulate and the procedures for obtaining a visa to enter the United States may be found at www.usembassy.gov.
• The Form I-929 is the form that is used to establish whether your family member is eligible to apply for a green card based on your U visa based on lawful permanent resident status. This does not mean that your family member will receive a green card. Even if the Form I-929 is approved, your family member is not automatically eligible for work authorization. They are eligible to work once they have received their green card.
Fees to File Form I-929
• All Form I-929 applications are sent to the USCIS Vermont Service Center.
• There is a filing fee for the Form I-929. If you are unable to pay the fee, you may request a fee waiver by also filing a Form I-912, or by submitting a separate written request for a fee waiver.
Resources for Victims of Human Trafficking & Other Crimes
USCIS offers resources for victims of human trafficking and other crimes and the organizations that serve them. This information is designed to help answer any questions you or your family might have about obtaining T or U Nonimmigrant status.
You can find additional resources for victims of human trafficking and other crimes on the USCIS website at https://www.uscis.gov/humanitarian/victims-of-human-trafficking-and-other-crimes/resources-for-victims-of-human-trafficking-and-other-crimes.
In Texas, as in all states, the U nonimmigrant status (U visa) is a federal immigration benefit available to victims of certain crimes who have suffered mental or physical abuse and are willing to assist law enforcement with the investigation or prosecution of criminal activity. The U visa was established by the Victims of Trafficking and Violence Protection Act of 2000. To be eligible, applicants must demonstrate they are victims of qualifying criminal activity, have suffered substantial abuse, possess information about the crime, and have been, are, or are likely to be helpful to law enforcement. The crime must have occurred in the United States or violated U.S. laws, and the applicant must be admissible to the U.S. or obtain a waiver. Qualifying crimes include domestic violence, sexual assault, trafficking, and other serious offenses. Applicants must submit Form I-918, Supplement B, and potentially Form I-192 for inadmissibility waivers. There is an annual cap of 10,000 U visas for principal petitioners, but no cap for qualifying family members. If the cap is reached, a waiting list is created, and those on the list may receive deferred action and work authorization. U visa status is granted for four years and can be extended under certain circumstances. Holders of U visas may eventually apply for a green card after meeting specific requirements, including three years of continuous physical presence in the U.S. and continued assistance to law enforcement. Derivative U visas are available for certain family members of the principal applicant. The entire process is overseen by the United States Citizenship and Immigration Services (USCIS), and resources for victims are available on the USCIS website.
