# How to Apply for a U-Visa?

Source: https://tingen.law/articles/how-to-apply-for-a-u-visa
Published: 2026-09-09
Author: Jacob Tingen

> The U-Visa provides protection for crime victims without legal status, offering a secure pathway to remain in the U.S. while helping law enforcement. Eligible victims gain work authorization and relief from deportation w

For victims of crime who lack legal immigration status, the **U-Visa** offers protection and a chance to build a more secure future in the United States. Created to support **victims of serious crimes**, this visa encourages cooperation with law enforcement while providing a legal pathway to stay in the country.

#### **What is a U-Visa?**

A [**U-Visa**](https://www.uscis.gov/humanitarian/victims-of-criminal-activity-u-nonimmigrant-status) is a special visa for victims of **certain crimes** who have suffered **physical or mental abuse** and have **helped or are willing to help law enforcement** in investigating or prosecuting the crime. This visa allows victims to **remain in the U.S. legally**, offering relief from deportation and access to work authorization.

#### **Who Qualifies for a U-Visa?**

To be eligible for a U-Visa, an applicant must:

- Be a **victim of a qualifying crime** (such as domestic violence, sexual assault, human trafficking, or other serious offenses).
- Have **suffered significant physical or mental abuse** as a result of the crime.
- **Cooperate with law enforcement** in the investigation or prosecution of the crime.
- Be **admissible to the U.S.** or apply for a **waiver of inadmissibility** if needed.

#### **Benefits of a U-Visa**

A U-Visa provides **key protections** and opportunities, including:

- **Protection from Deportation** – U-Visa holders cannot be removed from the U.S. while their status is valid.
- **Work Authorization** – Approved applicants receive a **work permit (Employment Authorization Document)**.
- **Pathway to a Green Card** – After **three years**, U-Visa holders can apply for **lawful permanent residence (green card)**.
- **Inadmissibility Waivers** – Unlike most visas, the U-Visa can **overcome nearly all grounds of inadmissibility**, except for serious offenses like terrorism or national security threats.

For many crime victims, the **U-Visa is a life-changing opportunity**, providing stability, legal status, and a fresh start in the United States.

## Step 1: Determine Eligibility for a U-Visa

Before applying for a **U-Visa**, you must meet specific eligibility requirements. This visa is designed for victims of certain crimes who have suffered abuse and cooperated with law enforcement.

#### **1. You Must Be a Victim of a Qualifying Crime**

To qualify, you must have been a victim of a **serious crime**, including but not limited to:

- **Domestic violence**
- **Sexual assault**
- **Human trafficking**
- **Kidnapping**
- **Felonious assault** A **full list of qualifying crimes** can be found on the [USCIS website](#).

#### **2. You Suffered Substantial Physical or Mental Abuse**

You must provide evidence that the crime caused **significant physical or psychological harm**. Acceptable proof includes:

- **Medical records** documenting physical injuries.
- **Psychological evaluations** from mental health professionals.
- **Personal statements** describing the impact of the crime.

#### **3. You Reported the Crime and Cooperated with Law Enforcement**

A key requirement for a U-Visa is **proving cooperation** with police, prosecutors, or other authorities. You must obtain **law enforcement certification (Form I-918, Supplement B)** from an agency confirming your assistance in the investigation or prosecution of the crime.

#### **4. You Are Admissible to the U.S. (or Eligible for a Waiver)**

U-Visa applicants must meet general **admissibility requirements** under U.S. immigration law. If you have a **criminal history, prior deportations, or immigration violations**, you may need to file **Form I-192 (Application for Advance Permission to Enter as a Nonimmigrant)** to request a waiver.

Meeting these requirements is essential before moving forward with a U-Visa application. If you qualify, the next step is gathering the necessary documentation to apply.

## Step 2: Obtain a Law Enforcement Certification (Form I-918, Supplement B)

A **key requirement** for a U-Visa application is obtaining **Form I-918, Supplement B**, a law enforcement certification that confirms you were a victim of a qualifying crime and that you cooperated in the investigation or prosecution. Without this certification, you **cannot proceed** with a U-Visa application.

#### **What is Form I-918, Supplement B?**

This form must be **completed and signed by a law enforcement agency** to verify that:

- You were a **victim of a qualifying crime**.
- You **suffered physical or mental abuse** due to the crime.
- You **cooperated with law enforcement** in the investigation or prosecution.

#### **Who Can Sign It?**

The following officials have the authority to sign **Form I-918B**:

1. **Police departments** (local, state, or federal).
2. **Prosecutors** (District Attorney’s Office or other government prosecutors).
3. **Judges** overseeing the case.
4. **Other government agencies** involved in investigating or prosecuting the crime (e.g., child protective services, labor agencies for workplace crimes).

#### **How to Request It?**

To obtain this certification, follow these steps:

1. **Contact the agency that handled your case** and ask if they provide U-Visa certifications.
2. **Provide supporting documents** such as the **police report, case number, court records, or other evidence** proving your cooperation.
3. **Be aware that some agencies have their own policies** regarding U-Visa certifications. Some may require additional evidence, while others may limit which crimes qualify for certification.
4. **If the agency refuses to sign the certification, you cannot move forward** with a U-Visa application. Unlike other visa processes, law enforcement is **not legally required** to provide this certification. However, most agencies **support U-Visas** because they encourage immigrant communities to **report crimes**.
5. **Some states, like Virginia, have laws that require law enforcement agencies to certify crimes** for U-Visa applicants when certain conditions are met.

#### **Virginia-Specific Information**

Virginia law now includes provisions that **mandate** law enforcement to complete **Form I-918, Supplement B** in specific situations. The full details of this law can be found in [**Virginia Code §§ 9.1-1500 through 9.1-1502**](https://law.lis.virginia.gov/vacodefull/title9.1/chapter15/).

Once **Form I-918B** is signed and completed, the next step is preparing and submitting the **U-Visa application** with USCIS.

## Step 3: Complete and File Form I-918, Petition for U Nonimmigrant Status

Once you have obtained **Form I-918, Supplement B** from law enforcement, the next step is to file **Form I-918**, which is the official application for a **U-Visa**. This petition is submitted to **U.S. Citizenship and Immigration Services (USCIS)** and serves as the main request for protection under U nonimmigrant status.

#### **What is Form I-918?**

Form I-918 is the **primary application** for a **U-Visa**, which grants legal status to qualifying crime victims. This form provides USCIS with details about the crime, the applicant’s cooperation with law enforcement, and supporting evidence proving eligibility.

#### **Documents You Need to File Form I-918**

A **complete U-Visa application** must include the following:

1. **Completed Form I-918** – The official **U-Visa application** with all required sections filled out.
2. **Form I-918, Supplement B** – The **law enforcement certification** confirming that the applicant was a crime victim and cooperated in the investigation or prosecution.
3. **Personal Statement** – A **detailed written statement** describing the crime, its impact, and the applicant’s cooperation with law enforcement.
4. **Supporting Evidence** (if available) – Additional documentation that strengthens the case, including:**Medical records** showing physical injuries.**Psychological reports** demonstrating emotional or mental trauma.**Police reports or court documents** related to the crime.
5. **Passport or Other Identification** – A copy of a valid **passport, birth certificate, or another form of government-issued identification** to confirm the applicant’s identity.

#### **Filing Fee**

There is **no filing fee** for Form I-918. U-Visa applicants do not need to pay USCIS for this petition, making it accessible to crime victims seeking protection.

Once **Form I-918** and all supporting documents are **properly completed and filed**, the next step is waiting for USCIS to process the application, which can take **several years** due to high demand and visa backlogs. However, approved applicants **gain important legal protections** while their case is pending.

## Step 4: Apply for a Waiver if Needed (Form I-192, Application for Advance Permission to Enter as a Nonimmigrant)

Some U-Visa applicants may need to request a **waiver of inadmissibility** before their application can be approved. This is done by filing **Form I-192, Application for Advance Permission to Enter as a Nonimmigrant** along with the U-Visa petition.

#### **Who Needs Form I-192?**

Applicants who have certain **inadmissibility issues** must file Form I-192, including:

1. **Those with past immigration violations**, such as unlawful presence, prior deportations, or visa overstays.
2. **Applicants with certain criminal records**, including convictions or prior arrests that may affect eligibility.

#### **How to Apply for a Waiver**

1. **File Form I-192 along with Form I-918** – The waiver request is typically **submitted at the same time** as the U-Visa application. Even if an applicant believes they do not need it, **USCIS may still require it**.
2. **Include supporting evidence**, such as:**Proof of rehabilitation** (letters from counselors, religious leaders, or community organizations).**Hardship documentation** showing how denial would negatively impact the applicant or their family.**Positive contributions** (evidence of work, education, or community service).

#### **Approval Time**

Processing Form I-192 can take **over a year**, depending on USCIS workload and case complexity. Since the U-Visa cannot be approved without resolving inadmissibility issues, filing **Form I-192 with Form I-918** ensures a **smoother and faster review process**.

By addressing inadmissibility concerns early, applicants improve their chances of securing **U-Visa approval** and obtaining legal status in the U.S.

## Step 5: Wait for USCIS Processing & Possible Bona Fide Determination (BFD)

After filing a U-Visa application, **waiting for USCIS processing** is often the longest part of the process due to significant backlogs. However, some applicants may qualify for temporary benefits through the **Bona Fide Determination (BFD) process**.

#### **Current Wait Times**

1. **U-Visa backlog is significant** – Due to the **10,000 annual cap** on U-Visas, many applications remain pending for **several years** before final adjudication.
2. **Bona Fide Determination (BFD) introduced** – To provide relief during the wait, **USCIS created the BFD process** for applicants who meet certain criteria.

#### **What is the Bona Fide Determination (BFD)?**

1. **If your application is “bona fide”** (meaning it is **complete, legitimate, and meets basic eligibility requirements** ), USCIS may grant you temporary work authorization.
2. **BFD does not guarantee U-Visa approval**, but it provides protection and the ability to work legally while waiting for a final decision.

Applicants should ensure their **Form I-918 and supporting documents are complete** to increase their chances of receiving **BFD benefits** while awaiting final U-Visa processing.

## Step 6: Receive U-Visa Approval & Work Authorization

Once USCIS approves a U-Visa application, the applicant gains important **legal protections and work authorization** in the United States.

#### **What Happens After U-Visa Approval?**

1. **You receive U nonimmigrant status**, which is valid for **four years**.
2. **Work authorization is automatically granted**, allowing you to legally work in the U.S. without needing a separate employment authorization application.

#### **Can You Travel Internationally?**

1. **International travel is risky** – U-Visa holders **do not have automatic reentry rights**, and leaving the U.S. before obtaining permanent residency could **jeopardize future immigration benefits**.
2. **Travel is not advised until you become a lawful permanent resident** – After holding U status for **three years**, you can apply for a **green card (adjustment of status)**. Once you become a lawful permanent resident, travel outside the U.S. becomes much safer.

Receiving a **U-Visa approval** is a major step toward **long-term stability and legal status** in the U.S., paving the way for **permanent residency and eventually citizenship**.

## Step 7: Apply for a Green Card After 3 Years (Adjustment of Status - Form I-485)

After holding **U-Visa status for three years**, recipients can apply for **lawful permanent residence (a green card)** by filing **Form I-485, Application for Adjustment of Status** with USCIS.

#### **Requirements for a Green Card**

To qualify for a green card, applicants must:

1. **Have held U-Visa status for at least three years** before applying.
2. **Continue cooperating with law enforcement** if assistance is still needed in the related criminal case.
3. **Have no serious criminal issues or immigration violations** that could affect eligibility.
4. **File Form I-485** and submit required supporting documents to USCIS.

#### **Processing Time**

1. The adjustment of status process can take **1-2 years**, depending on **USCIS workload and case complexity**.
2. During this time, applicants must maintain their **U-Visa status** and **good moral character** to ensure approval.

Applying for a **green card is a major step** toward **permanent legal status** in the U.S. and **eventual citizenship**, allowing U-Visa holders to build a stable and secure future.

## Common Challenges & How to Overcome Them

Applying for a **U-Visa** can be a long and complex process, with several challenges that applicants may encounter. Here’s how to address the most common issues:

#### **1. Law Enforcement Refusal to Sign Form I-918B**

Since law enforcement certification (**Form I-918, Supplement B** ) is required, **refusal to sign** can be a major roadblock. If this happens:

- **Try different agencies** – If the police department refuses, seek certification from **prosecutors, judges, or other agencies** involved in your case.
- **Seek legal help** – An immigration attorney or advocacy group may assist in persuading law enforcement to certify your cooperation.
- **Check state laws** – Some states, like Virginia, **require law enforcement agencies to sign U-Visa certifications** in certain situations.

#### **2. Long Processing Times**

U-Visa applications can take **several years** to process due to **backlogs**. While waiting:

- **Apply for work authorization** through the **Bona Fide Determination (BFD) process**, which grants a temporary work permit if USCIS determines your application is legitimate.

#### **3. Admissibility Issues**

Some applicants may have **past immigration violations or criminal records**, making them inadmissible.

- **File Form I-192 (Waiver of Inadmissibility)** – This waiver is typically granted **fairly easily** for U-Visa applicants, as long as they provide strong evidence of hardship or rehabilitation.

While challenges exist, **proactive planning and legal support** can help overcome these obstacles, improving the chances of a **successful U-Visa application** and a **pathway to permanent residency**.

## Conclusion

The **U-Visa** is a powerful tool that provides **life-changing benefits** for victims of crime, including **protection from deportation, work authorization, and a pathway to a green card**. While the process can be **long and challenging**, the security and opportunities it offers make it **worth pursuing**.

If you or someone you know may qualify, it’s important to **be proactive**, especially in securing **law enforcement certification (Form I-918B)** as early as possible. **Legal assistance from an** [**immigration attorney**](https://tingen.law/es/hire-us) **or advocacy group** can be invaluable in navigating the application process and overcoming challenges.