Immigration

Congress created U visa status in 2000 to help crime victims. The purpose of the U visa is to encourage victims of crime to help law enforcement investigate and prosecute crimes without the fear of being deported.¹ The U visa doesn’t cover all crimes but it does include domestic violence, stalking, sexual assault, and felony assault, among other crimes.² 

If you get a U visa, you will get a work permit (“Employment Authorization Document”)³ and the ability to apply for lawful permanent residence (a “green card”) after three years.⁴ After five years as a legal permanent resident, you can apply for citizenship (naturalization), assuming that you meet all of the other citizenship requirements.⁵

To watch brief videos about U visas in Spanish, with English subtitles, go to our Videos page.

¹ New Classification for Victims of Criminal Activity; Eligibility for ‘‘U’’ Nonimmigrant Status, 72 Fed. Reg. 53014 (September 17, 2007)
² INA § 101(a)(15)(U)(iii)
³ INA § 214(p)(3)(B)
⁴ INA § 245(m)
⁵ INA § 316

To get a U visa, you must do everything explained in #1 and #2 below:

1. You must get a certification from law enforcement or another certifying agency that says all of the following:

• you are a victim of one of the U visa crimes;
• the crime took place in the U.S., including U.S. territories and possessions, or the crime violated a U.S. federal law that specifically allows the U.S. to prosecute crimes committed in another country;
• you have credible and reliable information about that crime; and
• you were helpful, are being helpful, or are likely to be helpful in the criminal investigation or prosecution of that crime.¹

2. Also, you must show that:

• you suffered substantial physical or mental harm from the crime;² and
• none of the grounds of inadmissibility applies to you. “Grounds of inadmissibility” are a long list of crimes and other acts that prevent people from getting status or entering the U.S. Note: If one of the grounds of inadmissibility applies to you, you must ask for a “waiver” in order to be able to qualify for a U visa. It is up to U.S. Citizenship and Immigration Service (USCIS) to decide whether you should get that waiver after weighing the pros and cons of your case.³

¹ INA § 214(p)(1)
² INA § 101(a)(15)(U)(i)(I)
³ INA § 212(d)(14)

If you are a crime victim applying for a U visa, you can also file for U visas for some of your immediate family members as “derivatives.” If you are over 21, you can include your spouse and unmarried children under 21. If you are under 21, you can include your spouse and unmarried children, as well as your parents and unmarried siblings under 18.¹ To read about other possible immigration options for children, go to Aside from filing for my child as a derivative, what other immigration options may be available for my child?

If you got married after you filed for your U visa, you can still include your new spouse as a derivative. If your new spouse has children who were under 18 when you got married, you can include them as well.²

Your family members do not have to be victims of crime or have law enforcement certifications. They must show, however, that they are not prohibited (barred) from getting status due to the “grounds of inadmissibility,” which is a long list of crimes and other acts that prevent people from getting status or entering the U.S. Note: If one of these barriers does apply to your family members, they must ask for a “waiver.” It is up to U.S. Citizenship and Immigration Service (USCIS) to decide whether your family members should get that waiver after weighing the pros and cons of their case.

If USCIS approves your family members’ U visas and your family members are in the United States, they will receive U visa status for four years. They will also receive a work permit for four years, and they can apply for lawful permanent residence after three years. If your family members are outside of the United States when the government approves their U visas, they will need to get permission to enter the United States from a U.S. embassy or consulate. Once they enter the United States, they can apply for a four-year work permit. After three years in U visa status, they can apply for lawful permanent residence.

Importantly, after you get your U visa, you will not want to apply for lawful permanent residence until all of the derivative family members whom you want to include have gotten their U visas and arrived in the United States in U visa status, if they were not already here. If you become a permanent resident before their U visas are approved or before they arrive in U visa status, they will lose their ability to get U visas. If you are concerned that your U visa status may expire before all of your family members have arrived, you should talk to an attorney to see if you can extend your U visa status beyond the normal four years until your family gets to the U.S. on their own U visas and then you can apply for lawful permanent residence.

Note: Here you can see our series of vlogs (videos) in Spanish, with English subtitles, where we discuss what other people you can include on your U visa petition as derivative family members, among other topics.

¹ INA § 101(a)(15)(U)(ii)
² USCIS Policy Manual, Vol. 3, Part C, Ch. 2.B