U Visa, Explained

U Visa Eligibility

To be eligible for the U Visa, an applicant must meet the following criteria:

1. Be a Victim of a Qualifying Crime: Rhe applicant must have been a victim of qualifying crimes (see the list above).
2. Cooperate with Law Enforcement: The applicant must be helpful to law enforcement in the investigation or prosecution of the crime. This may include giving a statement to the police or testifying in court.
3. Suffer Physical or Mental Abuse: The applicant must have experienced harm as a result of the crime.
4. Possess a Law Enforcement Certification: The applicant must have a signed certification form (Form I-918, Supplement B) from law enforcement that confirms their cooperation in the investigation or prosecution of the crime.
5. Be Admissible to the United States: The applicant must meet certain health and criminal history requirements, though waivers may be available for some grounds of inadmissibility.

To qualify for a U Visa, the applicant must be a victim of one of the following crimes:

• Abduction
• Domestic Violence
• Felonious Assault
• Fraud in Foreign Labor Contracting
• Hostage
• Incest
• Kidnapping
• Manslaughter
• Rape
• Sexual Assault
• Stalking
• Torture
• Trafficking (Sex or Labor)
• Unlawful Criminal Restraint
• Other crimes causing physical or emotional harm

The crime must have occurred within the United States, and the applicant must be willing to assist law enforcement in the investigation or prosecution of the crime.

Applying for the U Visa

The U Visa application process includes the following steps:

1. Complete Form I-918: This is the primary application form for the U Visa. Along with this form, you must submit evidence supporting your claim, such as:
   • Police reports or court records documenting the crime.
   • A personal statement describing the crime and its impact.
   • Evidence of cooperation with law enforcement.
2. Obtain Law Enforcement Certification: The law enforcement certification (Form I-918, Supplement B) is an important part of the application. It confirms that you assisted law enforcement in the investigation or prosecution of the crime.
3. Submit Supporting Documents: In addition to the forms and certification, you will need to provide documents such as identification, proof of the crime, medical records (if applicable), and proof of your cooperation.
4. Wait for Approval: After submitting your application, USCIS will review the information and decide whether to approve or deny the U Visa.

U Visa Processing Time

The processing time for a U Visa typically takes several years. As of 2025, it takes USCIS an average of 32.7 months to process Form I-918 (the main application for the U Visa). However, this time frame doesn’t account for the entire process — it refers only to the time it takes to process the initial application, which includes the following steps:

1. Form I-918 Processing: After submission, USCIS will review your application, which includes verifying eligibility and ensuring all required evidence is included.
2. Bona Fide Determination (BFD): As part of the process, USCIS may issue a Bona Fide Determination. This is an initial decision that indicates whether your case appears to meet the basic qualifications for a U Visa. This step is important because it can help prioritize cases in certain situations, and it doesn’t guarantee approval but allows applicants to request work authorization while awaiting a final decision.
3. Request for Evidence (RFE): If USCIS needs additional documentation or information, they may issue an RFE. This can delay the processing time.
4. Approval of Form I-918: If USCIS approves your I-918 application, you will receive conditional approval, but this doesn’t mean your visa is granted yet.

Waiting List After I-918 Approval

Once USCIS approves your I-918, you will be placed on a waiting list. This is because the U Visa is capped at 10,000 principal applicants per fiscal year, and demand often exceeds this limit. USCIS processes applications in the order they were submitted. That means, USCIS is currently processing applications from several years ago, so even after your form is approved, you may wait additional years before receiving your U Visa.

The waiting list can result in long delays, but if you’re approved for the U Visa, you’re generally given deferred action status (temporary relief from deportation) while awaiting a visa number. This means you can remain in the U.S. and, in many cases, apply for work authorization during the waiting period.

U Visa Cost

The cost to apply for a U Visa (Form I-918) is $0 for the principal applicant. USCIS does not charge a filing fee for the initial U Visa application itself.

However, there are additional fees that may apply during the process:

1. Form I-765 (Application for Employment Authorization): If you are applying for work authorization while waiting for your U Visa, the fee for this form is $520. This is optional, but many applicants choose to apply for work authorization while waiting for a decision.
2. Form I-485 (Application to Adjust Status): If you are applying for a green card after holding U Visa status for three years, you will need to file Form I-485. The filing fee for this form is typically $1,440.
3. Other Costs: You may also incur costs for gathering supporting documents, translations, or legal assistance if you choose to work with an attorney.

U Visa Benefits

• Work Authorization: U Visa holders can work legally in the United States while their application is pending or while they are in U Visa status.
• Path to Green Card: After three years of U Visa status, you may apply for a green card if you continue to meet eligibility requirements.
• Family Member Eligibility: Certain family members of U Visa applicants (spouse, children, parents, and unmarried siblings under 18) may be eligible for U Visas as well.
• Temporary Legal Status: The U Visa provides legal status in the United States for up to four years, which may be extended under certain circumstances.

Downsides of the U Visa Process

While the U Visa offers significant protections, the process can be challenging. Common hurdles include:

• Gathering Required Documentation: Obtaining the necessary evidence, especially law enforcement certification, can be difficult. It’s important to work closely with law enforcement and ideally an attorney to ensure all documents are submitted.
• Long Wait Times: The U Visa has a cap of 10,000 principal applicants per year. Due to high demand, waiting times for approval can be lengthy, typically taking years.
• Complexity of the Application: The U Visa application process is complex, and mistakes can lead to delays or denials. It’s a good idea to consult with an immigration attorney to help you navigate the process.

U Visa and Green Card Eligibility

After holding U Visa status for three years, you may apply for a green card (permanent residency) under the following conditions:

1. Continuous Presence: You must have been continuously present in the U.S. for at least three years on U Visa status.
2. Continued Cooperation: You must continue to cooperate with law enforcement and remain eligible for the U Visa.
3. Admissibility: You must meet the standard requirements for a green card, though waivers may be available for certain grounds of inadmissibility.

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