What is a u-visa?
A U-Visa is a temporary nonimmigrant status created to help law enforcement investigate and prosecute serious crimes while protecting the victims who come forward. The petitioner must have suffered substantial physical or mental abuse from a qualifying crime that occurred in the United States or violated U.S. law, and a certifying agency must confirm the petitioner's helpfulness. After three years in U status, the petitioner can apply for a green card.
Who qualifies?
- The petitioner is the victim of a qualifying crime such as domestic violence, sexual assault, trafficking, kidnapping, felonious assault, or witness tampering
- The petitioner suffered substantial physical or mental harm
- The petitioner has information about the crime
- The petitioner has been, is being, or is likely to be helpful to law enforcement
- The crime occurred in the United States or violated U.S. law
How the process works
- Obtain a Form I-918 Supplement B certification. Request a law-enforcement certification from the police department, district attorney's office, or other qualifying agency that handled the case.
- File Form I-918. File the U-Visa petition with the I-918 Supplement B and a personal declaration describing the crime and the harm.
- Wait for placement on the waiting list. USCIS U-Visa numbers are capped each year. Cases are reviewed and many are placed on a waiting list with deferred action and work authorization.
- Receive U-Visa status. When a visa number becomes available, USCIS issues U nonimmigrant status, valid for four years.
- Adjust to permanent resident. After three years of continuous physical presence in U status, file Form I-485 to adjust to lawful permanent resident.
Timeline and what to expect
U-Visa wait times are long. Initial review and placement on the waiting list can take several years, and final U-Visa issuance and adjustment of status add more time. Work authorization is typically available much earlier through the bona fide determination process or after waiting-list placement.
Timelines vary. Always confirm current processing times with USCIS before relying on the windows above. USCIS source ↗
Common challenges
- Obtaining a law-enforcement certification when the agency declines or delays
- Documenting substantial harm with medical, mental-health, and personal records
- Long USCIS wait times that strain household stability
- Prior immigration history or criminal issues that may require waivers
- Confidentiality concerns when the perpetrator is a household member
How Chaudhry Law helps
The firm handles U-Visa petitions with the discretion the work demands. We prepare the certification request, draft the personal declaration carefully, and assemble the medical, counseling, and corroborating evidence that supports the harm requirement. We track the USCIS waiting list and prepare adjustment of status when the time comes.
Frequently asked questions
Do I have to testify in court?
Not always. Helpfulness can include reporting the crime, attending interviews, and being available if the agency needs you. Many U-Visa cases never require courtroom testimony.
Can I include my children?
Yes. Qualifying family members may be included as derivatives, including children, spouses, and in some cases parents and siblings.
Can I work while I wait?
Many U petitioners receive work authorization through a bona fide determination or after placement on the waiting list, though current USCIS timelines apply.
What if the police never made an arrest?
An arrest or conviction is not required. What matters is whether you were the victim of a qualifying crime and whether a certifying agency will sign the I-918B based on your helpfulness.
Will my information be confidential?
U-Visa petitions are subject to strong statutory confidentiality protections. The firm handles all communications with that in mind.