
Helping Immigrant Victims Find Safety and Legal Status in the U.S.
The U visa provides a path to lawful status for undocumented immigrants who have been victims of certain crimes and have cooperated with law enforcement in the investigation or prosecution of those crimes. Gagliano Law, PLLC helps survivors navigate the U visa process with compassion, confidentiality, and legal precision.
What Is a U Visa?
A U visa is a nonimmigrant visa created to support victims of serious crimes such as domestic violence, sexual assault, trafficking, and other offenses. It provides temporary legal status, work authorization, and a potential path to permanent residency for eligible applicants.
Who Qualifies for a U Visa?
To be eligible for a U visa, applicants must meet the following requirements:
Victim of a Qualifying Crime
Must have suffered substantial mental or physical abuse as a result of being a victim of a qualifying criminal activity, such as:
- Domestic violence
- Sexual assault
- Human trafficking
- Felonious assault
- Kidnapping
- Stalking
- Other serious crimes
Helpful to Law Enforcement
Must possess information about the criminal activity and be willing to assist—or have already assisted—law enforcement or prosecutors in the investigation or prosecution.
Crime Occurred in the U.S. or Violated U.S. Laws
The criminal activity must have taken place in the United States or violated U.S. law.
Admissibility to the U.S.
Must be admissible to the U.S. If not, applicants may still apply for a waiver of inadmissibility using Form I-192.
The U Visa Application Process
File Form I-918 (Petition for U Nonimmigrant Status)
The application includes evidence of victimization, cooperation with law enforcement, and a personal declaration describing the crime and its effects.
Obtain Law Enforcement Certification (Form I-918, Supplement B)
A key part of the application is a signed certification from a law enforcement agency verifying that the applicant was helpful in the investigation or prosecution.
Include a Waiver Request if Needed (Form I-192)
Applicants with inadmissibility issues may request a waiver to proceed with the application.
Await USCIS Review and Decision
Due to a cap of 10,000 U visas issued annually, wait times can be lengthy. While waiting, applicants may receive deferred action and work authorization.
Apply for Lawful Permanent Residency (Green Card)
After holding U visa status for three years and maintaining continuous presence, applicants may be eligible to adjust status to lawful permanent resident.
Processing Timeline
Step | Estimated Timeframe |
USCIS Review of I-918 | 12-48 months |
Deferred Action (if applicable) | Within a few months of initial review |
Work Authorization | Upon deferred action approval |
Adjustment to Green Card | After 3 years in U visa status |
Benefits of a U Visa
- Protection from Deportation
U visa holders cannot be deported during the duration of their visa status. - Work Authorization
Applicants receive a work permit, enabling lawful employment. - Path to a Green Card
After three years in U visa status, applicants may qualify for lawful permanent residency. - Family Derivatives
Certain family members may also qualify for U visa status, including spouses, children, and in some cases, parents and siblings.