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U Visa for Crime Victims

Immigration status for non-citizen victims of certain crimes who help the police or prosecutors, how the law enforcement certification works, and the related T visa and VAWA protections.

Informational only - this is not legal advice. These definitions explain general legal vocabulary in plain English. They are not advice about your situation, reading them creates no attorney-client relationship, and the law differs from state to state and changes over time. For advice you can rely on, speak to a lawyer licensed in your state.

Looking for a lawyer rather than a definition? Skip to the state-by-state list of Immigration law firms.

What it means

The U visa is a nonimmigrant status for a victim of a qualifying crime committed in the United States who has suffered substantial physical or mental abuse because of it, has information about the crime, and has been, is being or is likely to be helpful to the police, prosecutors, a judge or another authority investigating or prosecuting it. The qualifying crimes are listed in the statute and include domestic violence, sexual assault, rape, trafficking, kidnapping, felonious assault, stalking, extortion, witness tampering and others, including attempts and conspiracies. Immigration status, including being undocumented, does not prevent a person from applying, and certain family members can be included.

The application is Form I-918, filed with U.S. Citizenship and Immigration Services. It must include a certification on Supplement B signed by an official of the agency that handled the crime, such as a police department, prosecutor's office or court, confirming the victim's helpfulness. The agency decides whether to sign; it cannot be compelled to. Most applicants also need a waiver of grounds of inadmissibility, which USCIS can grant broadly in the public or national interest. The number of U visas issued to principal applicants each year is capped by statute, so eligible applicants are placed on a waiting list or given a bona fide determination that can bring deferred action and work authorization while they wait.

After a period of continuous presence in U status, a U visa holder can apply for a green card. Two related protections exist: the T visa for victims of human trafficking, and the VAWA self-petition, which lets the abused spouse or child of a U.S. citizen or permanent resident, or the abused parent of an adult U.S. citizen, petition for a green card without the abuser's knowledge or help. Federal law bars immigration agencies from relying on information supplied only by the abuser and keeps these applications confidential.

Where this comes from

Immigration and Nationality Act, as codified in Title 8: U nonimmigrant status and qualifying criminal activity, 8 U.S.C. § 1101(a)(15)(U); annual numerical limit, § 1184(p)(2); waiver of inadmissibility, § 1182(d)(14); adjustment of status, § 1255(m); T nonimmigrant status, § 1101(a)(15)(T); VAWA self-petitions, § 1154(a)(1)(A)(iii)-(iv), (B)(ii)-(iii); confidentiality, § 1367. Regulations: 8 C.F.R. § 214.14 (eligibility, certification at § 214.14(c)(2)(i), waiting list at § 214.14(d)(2)). Forms I-918, I-918 Supplement B and I-192: U.S. Citizenship and Immigration Services.

When people hire a lawyer for this

An immigration lawyer or accredited representative can tell you whether the crime qualifies, request the certification from the right agency in the right way, prepare the waiver, and protect you if you are in removal proceedings or have a criminal history of your own. Many domestic violence and sexual assault programs work with immigration attorneys who take these cases at low or no cost. If you are in danger now, call 911 or the National Domestic Violence Hotline first; the immigration case can follow.

Worried about the cost? A lawyer can be hired for one part of a case only (limited-scope representation), may be paid from what a claim recovers (contingency fee), or may be free through a pro bono program or legal aid; a court can also waive its own filing fees.

Find Immigration law firms in your state

Choose your state to see Immigration law firms in the city where we list the most; your city may be under “other cities”, A to Z. A state marked “Business Law” has no Immigration listing yet and opens the broader page.

Alabama (Birmingham)
+1 other city
- Montgomery
Alaska (Anchorage)
Arizona (Chandler)
+6 other cities
Arkansas (Little Rock)
California (Los Angeles)
+19 other cities
- Anaheim
- Bakersfield
- Chula Vista
- Fontana
- Fremont
- Fresno
- Irvine
- Oakland
- Oxnard
- Riverside
- Sacramento
- San Bernardino
- and 7 more with fewer listed firms
Colorado (Aurora)
+2 other cities
- Colorado Springs
- Denver
Connecticut (Bridgeport)
Delaware (Wilmington, Business Law)
District of Columbia (Washington)
Florida (Orlando)
+5 other cities
Georgia (Atlanta)
Hawaii (Honolulu)
Idaho (Boise, Business Law)
Illinois (Chicago)
Indiana (Fort Wayne)
+1 other city
- Indianapolis
Iowa (Des Moines)
Kansas (Kansas City, Business Law)
+1 other city
- Wichita
Kentucky (Lexington)
Louisiana (Baton Rouge)
+2 other cities
- New Orleans
- Shreveport
Maine (Portland)
Maryland (Baltimore)
Massachusetts (Boston)
Michigan (Detroit)
Minnesota (Minneapolis)
+1 other city
- Saint Paul
Mississippi (Jackson)
Missouri (Kansas City)
+1 other city
- St. Louis
Montana (Billings, Business Law)
Nebraska (Lincoln)
+1 other city
- Omaha
Nevada (Henderson)
+2 other cities
- Las Vegas
- North Las Vegas
New Hampshire (Manchester)
New Jersey (Jersey City)
+1 other city
- Newark
New Mexico (Albuquerque)
New York (New York City)
+2 other cities
- Buffalo
- Rochester
North Carolina (Charlotte)
+5 other cities
North Dakota (Fargo)
Ohio (Cincinnati)
+3 other cities
Oklahoma (Oklahoma City)
+1 other city
- Tulsa
Oregon (Portland)
Pennsylvania (Philadelphia)
+1 other city
- Pittsburgh
Rhode Island (Providence)
South Carolina (Columbia)
South Dakota (Sioux Falls, Business Law)
Tennessee (Nashville)
+1 other city
- Memphis
Texas (Houston)
+11 other cities
Utah (Salt Lake City)
Vermont (Burlington)
Virginia (Norfolk)
+3 other cities
Washington (Seattle)
+2 other cities
- Spokane
- Tacoma
West Virginia (Charleston)
Wisconsin (Madison)
+1 other city
- Milwaukee
Wyoming (Cheyenne, Business Law)

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Part of the LawyerLand plain-English legal glossary. Definitions are written from primary sources - statutes and court rules - and each entry states the authority it rests on, or says plainly when the doctrine is state law with no national rule.

If you cannot afford a lawyer, civil legal aid programs provide free help with many of these problems: civil legal aid programs by state.

Related free reference tools: statute of limitations for a personal-injury claim, by state, quoted from each state's official text - part of LawyerLand's legal reference tools.