U Visa: Protection for Crime Victims in the U.S.
The U visa is a nonimmigrant visa specifically designed for victims of certain crimes who have suffered substantial physical or mental abuse and are willing to assist law enforcement in the investigation or prosecution of those crimes.
It offers temporary legal status, work authorization, and a potential path to lawful permanent residency (green card). Certain qualifying family members (spouse, children, parents, and sometimes siblings) can also apply for derivative U Visas, allowing families to remain together.
U Visa Eligibility Criteria
To qualify for a U visa, you must meet the following conditions:
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Victim of a Qualifying Crime: You have been a victim of a qualifying criminal activity that occurred in the United States or violated U.S. laws. Check here for a qualified crimes list for a U visa.
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Suffered Substantial Abuse: You have suffered substantial physical or mental abuse as a result of being a victim of the criminal activity.
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Possess Information About the Crime: You possess credible and reliable information concerning the criminal activity.
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Helpful to Law Enforcement: You have been, are being, or are likely to be helpful to law enforcement officials in the investigation or prosecution of the crime.
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Admissible to the U.S.: You are admissible to the United States. If you are not admissible, you may apply for a waiver using Form I-192, Application for Advance Permission to Enter as a Nonimmigrant.
Employment Authorization Document (EAD) for U Visa
After you submit the U visa application, you may receive your Employment Authorization Document (EAD) before your U visa application is approved.
To address the significant backlog in U visa processing, USCIS implemented the Bona Fide Determination (BFD) process. If your petition is deemed "bona fide"—meaning it includes all required initial evidence and you have successfully completed background checks—USCIS may, at its discretion, grant you deferred action and issue an EAD. This allows you to legally work in the United States while awaiting the final adjudication of your U visa application.
Additionally, qualifying family members residing in the U.S. may also be eligible for deferred action and employment authorization under this process, provided they meet specific criteria.
If your U visa petition remains pending beyond the initial four-year validity period of the EAD and deferred action granted under the BFD process, you may apply to renew these benefits for another four years.
Once your U visa is approved, you are automatically eligible for a four-year EAD. Derivative family members who are granted U visa status may also receive work authorization, either automatically if previously requested or by applying separately.
Pathway to Green Card
U visa holders may become eligible for lawful permanent residency (Green Card) through adjustment of status after meeting specific requirements.
To qualify, applicants must have maintained U nonimmigrant status for at least three continuous years, demonstrate ongoing cooperation with law enforcement, and be admissible to the United States.
Certain qualifying family members who have derivative U status may also be eligible to apply. This pathway offers victims of qualifying crimes a route to permanent residency while recognizing their contributions to law enforcement efforts.
U Visa Annual Cap and Current Processing Time
There is an annual statutory cap of 10,000 U Visas issued each fiscal year. As of early 2025, USCIS is processing Form I-918 applications filed approximately 51 months ago, or about 4.25 years prior. The full journey, from submission to visa issuance, may stretch 6–10 years or more.
Applying for a U Visa is a courageous step toward healing and stability. However, the journey can be lengthy and complex. Your resilience deserves unwavering support. Schedule a consultation with us today, and let us help you navigate the path to safety and stability.
🔍 Additional Resources
🔗 I-918, Petition for U Nonimmigrant Status: Click here to read more.
🔗 Victims of Criminal Activity: U Nonimmigrant Status: Click here to read more.
🔗 Green Card for a Victim of a Crime (U Nonimmigrant): Click here to read more.
🔗 Case Status: Click here to check the status of your case online using your USCIS Receipt Number.
🕒 Processing Times: Click here to check current USCIS processing times.
📦 Address Changes: All non-immigrants and permanent residents are required to notify USCIS of any address change within 10 days of moving. Click here to create an account and submit your change of address online.
