The U visa protects victims of certain crimes, including domestic violence, sexual assault, robbery, and other serious offenses, who suffered substantial physical or mental abuse and who assisted, or are willing to assist, law enforcement in investigating or prosecuting the crime.
Because a U visa requires certification from a law enforcement agency, prosecutor, judge, or other qualifying official, one of the most important parts of our work is helping clients navigate that certification process, in addition to preparing the underlying petition itself.
Who This Helps
- Victims of a qualifying crime, including domestic violence, sexual assault, kidnapping, and other serious offenses
- Individuals who suffered substantial physical or mental abuse as a result of the crime
- Victims who possess information about the crime and have been, are being, or are likely to be helpful to law enforcement
- Individuals seeking a Form I-918B certification from a law enforcement agency, prosecutor, or judge
- Qualifying family members of a victim, including a spouse, children, or in some cases parents and siblings
- Victims concerned about their immigration status who are hesitant to report a crime without protection
How We Handle These Cases
Eligibility & Crime Assessment
We review the incident against the U visa's qualifying crime categories and assess the harm suffered to determine whether a petition is likely to succeed.
Law Enforcement Certification
We help you request and follow up on the required I-918B certification from the relevant law enforcement agency, prosecutor's office, or court.
I-918 Petition Preparation
We prepare a complete petition, including your personal statement, supporting evidence, and any qualifying family members to include as derivatives.
Waiting List & Work Authorization
Because U visas are capped annually, most approved petitioners enter a waiting list; we help you obtain interim work authorization and deferred action while you wait for a visa number.
Frequently Asked Questions
Do I have to have reported the crime to police to qualify?
Generally you need to cooperate with, or be willing to cooperate with, law enforcement, which usually means the crime was reported. There are limited exceptions, and we can walk through your specific situation to see what's realistic.
What if the police won't sign my certification?
Certification isn't automatic, and agencies sometimes decline or delay signing. We can help you follow up appropriately, provide additional context to the certifying official, or in some cases seek certification from a different qualifying agency, such as a prosecutor's office.
How long does a U visa take given the annual cap?
Because only 10,000 U visas are issued each year, most approved petitions go onto a waiting list, and it currently takes several years from filing to receive an actual visa number. USCIS does grant work authorization and deferred action to waitlisted petitioners in the meantime.
Can I include my children or spouse on my U visa petition?
Yes, certain qualifying family members can be included as derivatives, which varies depending on whether the principal petitioner is an adult or a minor at the time of filing.
This page is provided for general informational purposes and does not constitute legal advice. Every immigration case depends on its specific facts. Contact Murph & Tchamda LLP to discuss your situation with a licensed attorney before taking any action.