U Nonimmigrant Status (U Visa)
A protective nonimmigrant status under INA § 101(a)(15)(U) for victims of designated qualifying crimes who have suffered substantial abuse and assisted law enforcement.
1. Overview of the Process & Reasons to Pursue
Created by the Victims of Trafficking and Violence Prevention Act of 2000, U Nonimmigrant Status (the U Visa) protects foreign national victims of specific qualifying crimes committed in the United States. To qualify, the applicant must have suffered substantial physical or mental abuse as a result of being a victim of qualifying criminal activity (such as domestic violence, felony assault, rape, kidnapping, extortion, or witness tampering), possess credible information regarding the crime, and be helpful, have been helpful, or be likely to be helpful to law enforcement authorities in the investigation or prosecution of the criminal conduct.
Why Someone Pursues This Process / How One Enters It
The U Visa is one of the most generous and forgiving programs in immigration law. Under INA § 212(d)(14), an accompanying Form I-192 waiver can waive virtually all grounds of inadmissibility (including unlawful entry, visa overstays, immigration fraud, and most criminal convictions). In addition to deferred action and work authorization (via early Bona Fide Determinations), an approved U visa grants 4 years of lawful status and provides a direct pathway to apply for a Green Card after 3 years in U status.
2. How Long the Process Usually Takes
4 to 5 years for a Bona Fide Determination (BFD) and initial EAD work permit; 10 to 15+ years for final U Visa approval due to the statutory cap of 10,000 visas per year.
3. Forms That Need to Be Completed
Successfully completing this process involves preparing and submitting official government petitions and affidavits:
Form I-918
Petition for U Nonimmigrant Status (primary petition)
Form I-918 Supplement B
U Nonimmigrant Status Certification (signed by a certifying law enforcement official)
Form I-918 Supplement A
Petition for Qualifying Family Member of U-1 Recipient (for derivative spouse and children)
Form I-192
Application for Advance Permission to Enter as a Nonimmigrant (discretionary waiver of inadmissibility)
Form G-28
Notice of Entry of Appearance as Attorney
4. Supporting Evidence & Documentation Checklist
In immigration proceedings, the applicant carries the burden of proof. A complete evidentiary packet must include:
- Form I-918 Supplement B signed by a designated law enforcement official (police department, district attorney, judge, child protective services, or DOL) within 6 months of filing
- Detailed personal declaration from the victim describing the crime, physical/mental trauma, and ongoing helpfulness to police and prosecutors
- Certified police incident reports, arrest warrants, 911 call recordings, and criminal court disposition records
- Medical records, photographs of physical injuries, hospital emergency room reports, and clinical psychological evaluations documenting severe trauma or PTSD
- Letters from domestic violence shelters, social workers, and victim advocates
- Identity documentation: certified foreign birth certificate and passport
Before filing, you must audit your entire background for statutory bars, criminal inadmissibility, and prior immigration violations. Any of the following issues can lead to immediate denial, forfeiture of filing fees, or removal proceedings:
- Lack of Signed Supplement B Certification: If law enforcement refuses to sign Form I-918 Supplement B, the petition is statutorily dead; there is no legal mechanism to force an agency to sign.
- Refusal to Cooperate: Unreasonably refusing to assist law enforcement after certification.
- Crime is Not a Qualifying Offense: The criminal activity must be a designated crime under INA § 101(a)(15)(U)(iii) or a substantially similar violation.
- Perpetrator of the Crime: Anyone who was a culpable participant or perpetrator in the criminal activity.
- Inadmissibility Grounds Not Waived: Failure to obtain an approved Form I-192 waiver for criminal or immigration violations.
6. Government Filing Fees
Government filing fees are strictly non-refundable and set by federal regulation (USCIS, EOIR, and Department of State fee schedules):
Note: Government fees are subject to periodic regulatory updates. Fee waivers (Form I-912 or EOIR-26A) may be available for qualifying indigent applicants on select forms.
7. Possible Adjudication Outcomes
Upon review by the adjudicating agency, asylum office, or court, this process can lead to the following formal outcomes:
- Bona Fide Determination (BFD) Granted: USCIS issues deferred action and a 4-year EAD while waiting in the statutory cap queue.
- U Visa Formally Approved: Placed in lawful U nonimmigrant status; eligible for Green Card after 3 years.
- Request for Evidence (RFE): USCIS requests updated law enforcement confirmation or deeper medical evidence.
- Petition Denied: USCIS rejects petition due to invalid certification or failure to prove substantial abuse.
8. What Can Be Done If Your Outcome Is Negative?
If USCIS denies a Form I-918 petition, the petitioner can file an appeal with the Administrative Appeals Office (AAO) on Form I-290B within 30 days. If the applicant is in Removal proceedings before an Immigration Judge, counsel can request that the judge administratively close or stay proceedings while the U visa is pending with USCIS under *Matter of Sanchez-Sousa*.
9. Range of Legal Fees Charged by Lawyers
$4,000 to $7,500 typical attorney fee (coordinating directly with police departments and DAs for Supplement B certification, assembling extensive medical trauma evidence, and drafting Form I-192 waivers).
At JBC Law Office, attorney Joseph B. Caraccio provides transparent flat-fee representation with written retainer agreements, personalized evidentiary assembly, and direct attorney communication at every step.