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Frequently Asked Questions on U Visa for Victims of Crime
What Is a U Visa?
A U visa is a humanitarian immigration benefit for certain victims of qualifying crimes who suffered substantial harm and were helpful (or are being helpful) to law enforcement in the investigation or prosecution of the crime. USCIS calls it "U nonimmigrant status."
While every case is fact-specific, U visa petitions generally require evidence that:
- You were a victim of a qualifying crime and suffered substantial physical or mental harm; and
- You have information about the crime; and
- You were helpful, are helpful, or are likely to be helpful to law enforcement; and
- The crime occurred in the U.S. or violated U.S. law; and
- You obtain a completed law enforcement certification (Form I-918 Supplement B).
USCIS recognizes a list of “qualifying criminal activity” categories (for example: domestic violence, felonious assault, sexual assault, stalking, extortion, and others). The exact match depends on facts and local charging language.
A police report can help, but a report alone is not the legal “requirement.” What is typically essential is the law enforcement certification (I-918 Supplement B) confirming helpfulness. Many applicants have limited documentation—your attorney can build the case with declarations, records, and corroborating evidence.
In most cases, yes—USCIS instructions state that Supplement B must be submitted with the U visa petition package, and if it is missing, USCIS can deny the petition.
A qualifying certifying agency (law enforcement, prosecutor, judge, or other authority with responsibility for investigating/prosecuting the criminal activity) may sign. Policies can vary by city/county agency.
Some agencies have strict policies or require certain documentation. Options may include requesting through the appropriate unit, providing supporting records, escalating within the agency (where appropriate), or exploring whether another certifying agency involved in the case can certify—depending on the facts and local policy.
Possibly. Arrest or prosecution is not always the deciding factor. The key issues often include whether you can obtain certification and show you were helpful (or are likely to be helpful). Agency policies vary widely, so strategy matters.
Yes. Many U visa applicants are out of status. Inadmissibility issues may require a waiver (commonly filed on Form I-192), depending on the facts.
It depends on the specific issue(s). U visa cases often involve a detailed inadmissibility and discretionary analysis, and a waiver may be required. These cases should be reviewed carefully before filing.
There is a statutory cap of 10,000 U visas per year for principal applicants. USCIS notes there is no cap for qualifying family members (derivatives).
Because demand far exceeds the yearly cap, creating long backlogs. USCIS continues processing cases, including using the bona fide determination (BFD) process in many cases.
USCIS has a process to conduct an initial review of certain U visa petitions to determine whether they are “bona fide.” If USCIS makes a favorable BFD, it may exercise discretion to grant deferred action and a BFD-based work permit (EAD) (after required checks).
No. A BFD is not a final U visa approval. It is an initial determination that may allow deferred action and work authorization while the petition remains pending.
In many cases, USCIS may issue employment authorization as part of a favorable bona fide determination (discretionary). Not every case receives a BFD EAD, and timing varies.
When the cap is reached, USCIS historically used a “waiting list” system for approvable petitions. USCIS policy explains the relationship between BFD reviews and waiting list processing.
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