If you are a victim of a serious crime in the U.S. and are living in fear because of your immigration status, you may feel like there’s nowhere to turn. But there are legal protections that can help.
The U visa offers a path to safety, stability, and eventually lawful immigration status for certain noncitizen victims who have suffered and are willing to assist law enforcement.
At The Chidolue Law Firm, we work with brave survivors, helping them understand their rights, prepare strong applications, and move forward with hope. This guide will explain U visa eligibility, how it works, and what steps you can take to protect yourself and your family.
What is the nonimmigrant U Visa, and Who Qualifies?
The U nonimmigrant visa is a special form of protection created for non-citizen victims of certain crimes who have suffered abuse and are willing to assist law enforcement. Created under the Violence Protection Act, it allows eligible individuals to remain in the United States while assisting in investigating or prosecuting criminal offenses.
To meet the U visa eligibility criteria, the applicant must show they have suffered substantial physical or mental abuse as a result of a qualifying criminal activity. Crimes like domestic violence, sexual assault, false imprisonment, and unlawful criminal restraint are just a few examples that fall under the definition of certain crimes in federal law.
In addition to meeting the basic eligibility requirements, victims must likely be helpful to law enforcement or government officials handling the case. This typically involves obtaining a signed 918 Supplement B form from a certifying official.
This nonimmigrant status is not just for the victim; qualifying family members, such as spouses, children, or certain qualifying family members, may also be included in the application as derivative family members.
How the U Visa Process Works: From Certification to Filing
The U visa process starts with proving that the crime occurred in the United States and that you were a victim. To proceed, a certifying official, usually from law enforcement agencies, must complete and sign Supplement B, confirming that you were helpful, are being useful, or are likely to be beneficial in the case.
Once the nonimmigrant status certification is obtained, the applicant can submit the complete U visa application to USCIS. This includes personal declarations, supporting evidence, and reliable information to establish eligibility. USCIS may issue a bona fide determination that allows the applicant to receive deferred action and work authorization while the case is under review.
The application is added to the queue if it meets all legal requirements. Due to the visa cap, only 10,000 U visas are granted annually. If that limit has been reached, the applicant is placed on a waiting list and may receive deferred action while awaiting final review.
While the process may take time, additional documents, including police reports, medical records, and proof of physical or mental abuse, must be included to strengthen the case.
How Family Members Can Benefit from the U Visa
The U visa offers protection to the principal applicant and can also extend to certain family members. Depending on your situation, you may be able to include qualifying family members in your nonimmigrant status petition.
For adult victims, this may include your unmarried siblings, spouse, or children. If the applicant is under 21, even parents of the U visa petitioner and certain qualifying family members may be eligible. These family members may be able to apply for a U nonimmigrant status as derivative family members by submitting their visa application.
Remember that each family member must independently meet nonimmigrant eligibility and provide credible evidence relevant to their relationship with the victim. In children’s cases, a next friend (an adult representing a minor) may assist.
Protecting loved ones is often a top priority for victims of crime, and the U visa system is designed to support that. Talk to an immigration attorney to confirm who qualifies under your application and how best to prepare.
After Approval: What Rights and Benefits Come with a U Visa?
Once a U visa is approved, the principal petitioner and any derivative family members gain protection and benefits. The most immediate is the right to remain in the United States legally under nonimmigrant status, with eligibility to work and live free from fear of deportation.
After three years of maintaining this status, you may adjust to become a lawful permanent resident, a critical step toward obtaining a green card and eventually applying for citizenship. During this period, it is essential to remain physically present in the U.S. and maintain good moral character.
Victims must continue to comply with requests from law enforcement or government officials if additional information is needed. Your U visa also makes you eligible for access to certain support services, including trauma counseling and other recovery resources.
If your U visa is denied, you will receive a receipt notice explaining the outcome. Depending on the reason, the denial may be appealed or reconsidered.
Why Legal Support Is Essential for U Visa Applicants
Applying for a U visa involves more than just submitting forms. It’s about proving you were a serious crime victim and meeting strict eligibility requirements under federal law. Every piece of evidence matters, from demonstrating a bona fide case to showing how you’ve suffered substantial mental or physical harm.
You’ll need to navigate forms like Form I-918, collect supporting evidence of abuse, and meet deadlines. Many applications are delayed or denied due to missing or unreasonably refused certifications, incomplete documentation, or failing to meet visa eligibility criteria.
At The Chidolue Law Firm, we understand the trauma victims face, and we’re here to guide you through every step of this complex immigration process. From securing your certifying official’s signature to helping you prepare a strong petition, we ensure nothing gets overlooked.
If you’re seeking protection and hope through the U visa, legal guidance can mean the difference between uncertainty and a path toward permanent residence.
📞 Call us today at 407-995-6567 or 678-325-1037
💬 Send a WhatsApp message to 404-333-8751
This is our only number. Any other number is a scam.
Touching People, Changing Lives®
We Represent Clients in All 50 States.
