A U Visa, officially known as U nonimmigrant status, is an immigration benefit available for individuals in the United States who have been victims of specific crimes. To be eligible, applicants must have experienced substantial physical or mental abuse as a result of criminal activity and must have assisted law enforcement or other government bodies in the investigation or prosecution of the crime. Once granted, an individual may apply for Lawful Permanent Residence (Green Card) and eventually apply for U.S Citizenship. 

What are the requirements to qualify for a U Visa? 

To apply, an applicant must submit Form I-918 along with supporting documentation and certifications. U Visa eligibility is determined based on: 

Victim of a Qualifying Crime: The applicant must have suffered substantial physical and/or mental harm from a qualifying crime.  

Cooperation with Law Enforcement: The applicant must have information about the crime and must have been, or be likely to be, helpful to government agencies investigating or prosecuting the crime. 

Certification of Assistance: The investigating agency, such as a local police department or county sheriff’s office, must sign a form certifying that the individual was a victim of a crime and was or will likely be helpful in the investigation.  

What types of crimes qualify for a U Visa?     

The U Visa helps victims of serious crimes who cooperate with law enforcement. Some qualifying crimes include: 

• Abduction 

• Domestic Violence 

• False Imprisonment 

• Felonious Assault 

• Murder 

• Kidnapping 

• Stalking 

• Witness Tampering 

This list is not exhaustive. Other crimes may also qualify if they are similar in nature and severity to those listed above.  Find a complete list of qualifying crimes HERE.  

How long does U Visa processing take?  

The U Visa process is lengthy due to annual caps and substantial backlogs. The process includes two key stages, including a Bona Fide Determination and U Visa Issuance:  

• Bona Fide Determination: USCIS assesses whether all U Visa requirements are met. Although a visa may not be immediately available, this initial approval grants protection against deportation and eligibility for work authorization. 

• U Visa Issuance: This final approval can take between 6 to 10 years or even longer, after which applicants can seek adjustment of status through legal permanent residency (Green Card)  

What are the benefits of a U Visa status? 

After receiving a Bona Fide Determination for your U Visa application, you will have the opportunity to apply for a work permit and will also have certain protections against potential deportation.  

Once your U Visa status is fully approved, you will then be able to apply for adjustment of status or  Lawful Permanent Resident (Green Card). If your application for Lawful Permanent Resident status is approved, you will eventually be eligible to apply to become a U.S. Citizen.    

Can I travel outside the United States with a U Visa? 

Yes, travel outside the United States is possible once you have received at least a Bona Fide Determination for your pending application. Before traveling, you must apply for and obtain Advance Parole, which grants you reentry permission. With Advance Parole in hand, you can travel abroad and return to the United States legally. However, it is generally advisable for individuals who have not yet achieved Lawful Permanent Resident status to avoid international travel unless it is absolutely necessary. 

Can my U Visa application be denied? 

Yes, a U Visa application can be denied. There are several reasons why an application might not be successful, including: 

• Ineligibility for the Visa: If the applicant does not meet the basic requirements, such as not being a victim of a qualifying crime or failing to provide sufficient evidence of substantial physical or mental harm. 

• Insufficient Documentation: Failing to provide the necessary documentation or evidence to support the application, such as police reports, medical records, or a certification of helpfulness from a law enforcement agency. 

• Criminal History: Having a criminal record or prior immigration violations might impact eligibility, although waivers are sometimes available depending on the circumstances. 

• Security and Background Checks: Issues arising during the security and background checks can also lead to denials. 

Can NSLAC help me evaluate if I am eligible for immigration relief ? 

Yes, North Suburban Legal Aid Clinic has a diverse and experienced team of immigration attorneys and representatives available for free legal consultation to evaluate your potential eligibility for a U Visa or other forms of immigration relief. Please call 847-737-4042 or email info@nslegalaid.org to review if you are eligible for our services and to schedule a consultation. 

NSLAC also provides free legal aid in the areas of Housing and Domestic Violence.

Mission Moments: 

At North Suburban Legal Aid Clinic (NSLAC), we are proud to share the inspirational stories of those who have successfully obtained U Visa status, showcasing resilience, determination, and the transformative power of NSLAC free legal aid.  

Hope Renewed Through Visa Victory

Embracing Hope and Community After Tragedy