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U Visa Complete Guide for Crime Victims (2026)

How the U visa works for victims of serious crimes — qualifying crimes, law enforcement certification, the 10,000 cap, wait times, and the path to a green card.

GC By GreenCardTracker Editorial Updated April 13, 2026 Published March 2, 2026

The U nonimmigrant visa (U visa) is a humanitarian immigration benefit created for victims of serious crimes who are willing to help law enforcement investigate or prosecute the crime. It was enacted in 2000 to encourage immigrant crime victims to come forward, knowing they would be protected rather than deported.

The U visa itself is temporary, but after 3 years in U status, most holders can apply for a green card. This guide covers the full U visa path from crime to permanent residence. Victims of human trafficking specifically should also review the T visa guide, which covers a related but distinct humanitarian status.

Who qualifies for a U visa

You must meet four requirements:

  1. Victim of qualifying criminal activity that violates U.S. law or occurred in the United States
  2. Suffered substantial physical or mental abuse as a result of the crime
  3. Possess information about the criminal activity
  4. Have been helpful, are being helpful, or are likely to be helpful to law enforcement

You must obtain a signed law enforcement certification on Form I-918 Supplement B from a qualifying agency — typically the police department, prosecutor’s office, or state or federal agency that investigated or is investigating the crime.

Qualifying criminal activity

The list of qualifying crimes is defined by statute and includes:

  • Domestic violence (also see: VAWA self-petition — a faster path for spouses and children of abusers who are U.S. citizens or LPRs)
  • Sexual assault and rape
  • Human trafficking
  • Kidnapping and abduction
  • Felonious assault
  • Stalking
  • Incest
  • Blackmail and extortion
  • Female genital mutilation
  • Fraud in foreign labor contracting
  • Witness tampering
  • Obstruction of justice
  • Perjury (in limited circumstances)
  • Attempt, conspiracy, or solicitation to commit any of the above

If the crime you experienced is similar but not identical to a listed offense, an experienced immigration attorney can help analyze whether it qualifies.

The law enforcement certification (Form I-918B)

Form I-918 Supplement B is the linchpin of a U visa application. Without it, there is no U visa. The certification must be signed by a qualifying official — usually:

  • Police chief, sheriff, or designated police officer
  • District attorney or prosecutor
  • Judge
  • Federal agency investigator (FBI, ICE HSI, Labor Department)
  • Adult protective services in some jurisdictions

The officer certifies that:

  • The crime is a qualifying U visa crime
  • You were a victim of the crime
  • You have been, are being, or are likely to be helpful in the investigation or prosecution

Law enforcement agencies are not required to sign I-918Bs, and policies vary widely by jurisdiction. Some cities have established protocols; others make it hard to get a certification. Working with a nonprofit victim advocate is usually the best way to secure a signature.

The U visa process

Step 1: Obtain the I-918B certification

Work with a victim advocate or attorney to approach the qualifying agency. Provide police reports, medical records, and any other evidence of victimization. Agencies typically take weeks to months to review and sign.

Step 2: Prepare Form I-918

The principal U visa application consists of:

  • Form I-918 (main petition)
  • Form I-918 Supplement B (law enforcement certification)
  • Form I-918 Supplement A (for qualifying family members)
  • Personal declaration describing the crime, the harm suffered, and cooperation with law enforcement
  • Police reports, court records, medical records
  • Evidence of substantial physical or mental abuse (therapist letters, medical records, counselor notes)
  • Personal history documents

Step 3: File with USCIS

File with the Vermont Service Center. U visa filings have no filing fee, and fee waivers are available for all related forms.

Step 4: Wait on the cap-subject waiting list

The U visa is capped at 10,000 principal approvals per fiscal year. Demand has vastly exceeded supply for years. USCIS now places applicants on a waiting list and grants deferred action and EAD to those who USCIS has determined appear eligible for U status — allowing them to work while waiting.

Step 5: U visa approval

When a visa becomes available, USCIS grants U nonimmigrant status for up to 4 years. You receive work authorization and protection from deportation.

Step 6: Apply for a green card after 3 years

After 3 years of continuous physical presence in the U.S. in U nonimmigrant status, file Form I-485 to adjust status to lawful permanent resident. You must show:

  • Continuous physical presence of at least 3 years
  • Not unreasonably refused to help law enforcement
  • Discretion favors approval (good moral character, positive factors)

Qualifying family members (U visa derivatives)

Certain family members can receive U visa benefits as derivatives:

  • If the principal is under 21: spouse, children, parents, and unmarried siblings under 18
  • If the principal is 21 or older: spouse and unmarried children under 21

Derivatives file Form I-918 Supplement A and receive U visa status tied to the principal. Derivatives can also become permanent residents after the principal adjusts.

Costs in 2026

  • Form I-918: $0 (no fee)
  • Form I-918 Supplement A/B: $0
  • Form I-765 (work authorization): $0 with fee waiver for U visa holders
  • Form I-485 (later green card): $0 with fee waiver
  • Medical exam (at adjustment stage): $200–$500
  • Attorney fees: Usually free through nonprofits or significantly reduced

Realistic timelines

  • I-918B certification: weeks to months
  • I-918 filing to waiting list placement (deferred action): 4–5 years as of 2026
  • Waiting list to U visa approval: an additional 2–4 years
  • U status to green card eligibility: 3 years after U approval
  • Total from crime to green card: often 10+ years

Check current I-918 and I-485 processing times at the USCIS processing time lookup.

The long wait is driven by the 10,000 cap, which has not been adjusted since 2000 despite dramatic increases in applications. Legislation to raise the cap has been proposed multiple times but has not passed.

Why the wait is so long

The U visa was designed for about 10,000 approvals per year. Actual demand in recent years has run closer to 60,000–80,000 new petitions annually. USCIS manages the backlog by:

  1. Adjudicating petitions in the order filed
  2. Granting deferred action and EAD to eligible petitioners on the waiting list
  3. Issuing U visas as cap numbers become available each fiscal year

Deferred action and EAD make the wait livable, but the formal U visa (and eligibility for permanent residence) remain tied to the cap.

Confidentiality protections

U visa cases include strong confidentiality protections similar to VAWA self-petitions. USCIS does not notify the perpetrator of the petition, and information cannot be released to the perpetrator.

Common mistakes

  • Waiting too long to seek help. U visas can be filed years after the crime, but evidence is harder to gather over time. Start early.
  • Trying to file without a signed I-918B. No certification means no U visa. The certification must be current within 6 months of filing.
  • Not working with a victim advocate. Nonprofit advocates can open doors to law enforcement certifications and navigate police department policies.
  • Missing the 3-year continuous presence requirement before applying for a green card.

Not legal advice. U visa cases are complex and long. Work with a specialized nonprofit immigration legal services provider or an attorney experienced in humanitarian immigration before filing.

Sources & Citations

All claims in this guide link to primary government sources.

  1. 1
  2. 2

Frequently asked questions

What crimes qualify for a U visa?

The list includes domestic violence, sexual assault, rape, trafficking, kidnapping, felonious assault, stalking, and many others. USCIS maintains the full list on the U visa page. The crime must have occurred in the U.S. or violated U.S. law.

How long is the U visa wait in 2026?

Because of the 10,000 annual cap on principal U visas, there is a multi-year wait. USCIS has created a 'deferred action' process that lets applicants on the waiting list receive work authorization while they wait. Total time from filing to U visa approval is currently 5+ years.

Can I get a green card from a U visa?

Yes. After 3 years of continuous physical presence in the U.S. in U nonimmigrant status, U visa holders may apply for a green card using Form I-485, provided they have not unreasonably refused to help law enforcement.

Can family members get derivative U visa status?

Yes. Qualifying family members receive derivative U visas that do not count toward the 10,000 annual cap. If you are the principal U visa applicant and are under 21, qualifying relatives include your spouse, children, parents, and unmarried siblings under 18. If you are 21 or older, qualifying relatives include your spouse and unmarried children under 21. Derivatives can join you in the U.S. or come separately through U-2, U-3, U-4, or U-5 visa categories.

What is the Bona Fide Determination (BFD) and what does it give me while I wait?

Because most U visa applicants wait 5–7+ years for a U visa number, USCIS created a Bona Fide Determination process. If USCIS determines your I-918 petition appears bona fide, they grant you deferred action (protection from deportation) and a 4-year Employment Authorization Document while you wait on the waitlist. BFD approval is not a U visa — it is interim protection while the underlying case is in queue.

This is not legal advice

GreenCardTracker is an independent information resource, not a law firm. Immigration law changes frequently and case outcomes are fact-specific. Always verify with USCIS or a licensed immigration attorney before making decisions about your case.