U Visas: Protection for Crime Victims

The U Visa is a nonimmigrant immigration benefit that allows certain eligible victims of qualifying criminal activity to remain in the United States legally, obtain work authorization, and in some cases eventually apply for lawful permanent residence.

U visa applicants are generally exempt from certain enforcement actions and expedited removal (EFED) considerations, and all U visa petitions and related forms are fee-exempt.

U visa applications can be filed from within the U.S. or abroad.

Eligibility Requirements

To qualify for a U Visa, you must generally demonstrate all of the following:

•         You are the victim of a qualifying crime that occurred in the U.S. or violated U.S. law.
•         You have suffered substantial physical or mental abuse as a result of the crime.
•         You possess information about the criminal activity and have been, are being, or are likely to be helpful to law enforcement in investigating or prosecuting the crime.
•         You are admissible to the United States or eligible for a waiver of inadmissibility.

Note: If you are under 16 or unable to assist due to a disability, a parent, guardian, or “next friend” may provide information or help law enforcement on your behalf.

“Qualified criminal activities” refer to specific crimes listed under U.S. immigration law—such as domestic violence, trafficking, sexual assault, or other serious offenses. For a full list of eligible crimes, please visit the USCIS Policy Manual – U Nonimmigrant Status section.

Period of Stay & Path to Green Card

•         The U Visa initially allows up to 4 years of nonimmigrant status for the principal applicant, with work authorization, while the case is pending. Extensions are available in certain, limited circumstances.
•      After meeting additional requirements (such as three years in U status or other eligibility criteria) you may apply for lawful permanent residence (a Green Card).

Family of U Visa Holders

•      The principal U Visa applicant may include certain family members (such as spouse, children, and in some cases siblings or parents) as derivatives.

U Visa Cap

•         Each year, only 10,000 U visas are available for principal petitioners, but there is no cap for eligible family members.
•         When the cap is reached, USCIS places remaining applicants on a waiting list, granting deferred action or parole and eligibility for work authorization until more visas become available.
•      Once visas reopen, USCIS issues them in the order received.

Key Advantages

•      Protection and legal status for victims of qualifying crimes.
•         Encourages and supports cooperation with law enforcement by victims who might otherwise fear deportation.
•         Eligibility for a Green Card after three years in U status.
•         Work authorization automatically granted to principal petitioners once the U petition is approved, no Form I-765 required.
•      Family members may derive status and apply for work authorization.
•      Access to certain public benefits as a “qualified alien.”

How We Can Help

At Law Offices of Metin Serbest, we assist with the U Visa process from start to finish:

•      Evaluating your eligibility and whether your situation qualifies under the U Visa criteria.
•         Preparing and filing Form I-918 and related documentation such as Form I-192 and I-929 if applicable.
•      Compiling supporting evidence of qualifying criminal activity, helpful witnesses, and personal affidavits.
•      Coordinating with law enforcement for the required certification (Supplement B).
•      Guiding you on derivative family members’ inclusion and benefits.
•         Advising on the path to adjustment of status (Green Card) when eligible.
•      Representing you in interviews or responses to USCIS inquiries or Requests for Evidence.

Schedule a Consultation

Contact the Law Offices of Metin Serbest to review your eligibility for a U Visa and take the first step toward protection and stability in the United States.