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 through 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 offences. It provides temporary legal status, work authorization, and a potential path to permanent residency.
Who qualifies for a U visa?
- Victim of a qualifying crime. The applicant must have suffered substantial mental or physical abuse as a result of being a victim of qualifying criminal activity, such as domestic violence, sexual assault, human trafficking, felonious assault, kidnapping, stalking, or other serious crimes
- Helpful to law enforcement. The applicant must possess information about the criminal activity and be willing to assist, or have already assisted, law enforcement or prosecutors
- Crime occurred in the U.S. or violated U.S. laws
- Admissibility to the U.S. Applicants who are not admissible 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 signed certification from a law enforcement agency verifies that the applicant was helpful in the investigation or prosecution
- Include a waiver request if needed, Form I-192, for applicants with inadmissibility issues
- Await USCIS review and decision. Due to an annual cap on U visas, wait times can be lengthy. While waiting, applicants may receive deferred action and work authorization
- Apply for lawful permanent residency. After holding U visa status for three years and maintaining continuous presence, applicants may be eligible to adjust status
Benefits of a U visa
- Protection from deportation for the duration of the visa status
- Work authorization, enabling lawful employment
- A path to a green card after three years in U visa status
- Family derivatives. Certain family members may also qualify, including spouses, children, and in some cases parents and siblings
Challenges and legal support
The U visa process is complex and often emotionally difficult. Gathering strong documentation, working with law enforcement, and overcoming inadmissibility issues can be overwhelming. Gagliano Law, PLLC provides trauma-informed legal assistance and supports clients through every step.
Frequently asked questions
How long does it take to get a U visa?
Processing can take several years due to the annual visa cap, but work authorization may be granted during the wait through deferred action.
Do I need a police report to apply for a U visa?
Not necessarily. What is essential is a signed law enforcement certification confirming your helpfulness in an investigation or prosecution.
Can I apply for a U visa if I am in removal proceedings?
Yes. In many cases, filing a U visa petition may help stop removal and provide legal protection.
Can I include my family in my U visa petition?
Yes. Spouses and children, and in some cases parents and siblings, may be included as derivative applicants depending on the age and status of the primary applicant.
Will applying for a U visa affect my chances of getting a green card?
No. A U visa can lead to a green card after three years if you meet eligibility requirements.
What happens if my U visa is denied?
You may receive a Notice of Intent to Deny and have a chance to respond. If ultimately denied, you may reapply or explore other forms of relief.
Is there a fee to apply for a U visa?
There is no fee for Form I-918 or Form I-918B. Waivers are available for other required forms if necessary.
For guidance on your U visa case, contact Gagliano Law, PLLC. We help victims of crime gain the safety, protection, and legal status they deserve.
