How to apply for a U visa step by step

This page explains the forms and steps. It does not decide whether you qualify. It is general information, not legal advice, and DNLH is not a law office.

Before you start: should you file now?

Filing tells the government who you are and where you live. For some people, that is a risk. Read Is it safe to apply for a U visa right now? and talk it through with a lawyer first. Then come back to these steps.

Step 1: Get the police or prosecutor certification (Supplement B)

This is the form that shows you were helpful to the investigation. A certifying official, such as a police chief's designee, a prosecutor or a judge, fills it out and signs it.

• Timing matters. It must be signed within the 6 months before USCIS receives your petition. If it is older, you need a new one.
• In California, the agency must process your request within 30 days, or within 7 days if you are in removal proceedings (Penal Code 679.10(j)). It may not refuse just because the case is closed or nobody was charged.
• Outside California, rules vary by state. Ask a local advocate.

Full how to: How to get a U visa certification signed.

Tip: start the certification request first. It often takes the longest. Build the rest of the packet while you wait, so you can file soon after it comes back.

Step 2: Write your personal statement

This is your story, in your own words, signed by you. USCIS needs it to treat your petition as complete for a bona fide determination (USCIS Policy Manual).

Cover:

• What happened, when and where
• How it hurt you, in body and mind, then and now
• How you helped the police or prosecutor, or were willing to
• Any immigration or arrest history your lawyer tells you to explain

Writing this can bring back painful memories. Take breaks. Ask a victim advocate or counselor to be with you. See Where survivors of violence can find counseling.

Step 3: Gather your evidence

The rule says the petition must include evidence for each requirement, a signed statement and the certification (8 CFR 214.14(c)(2)). Common papers:

• The crime: police report, court papers, restraining order
• The harm: medical records, counseling letters, photos, statements from people who saw the effects
• Your help: emails or letters with police or prosecutors, subpoenas
• Your identity: passport, birth certificate or other ID
• Immigration history: any past visas, entries, orders or notices

Send copies, not originals, unless USCIS asks. Any paper not in English needs a full English translation and a translator's certification (USCIS I-918 page).

Step 4: Add the waiver if you need one (Form I-192)

If you entered without papers, overstayed, have a past deportation order or certain arrests, you are probably "inadmissible." You then must file Form I-192 asking USCIS to forgive it (8 CFR 214.14(c)(2)(iv)). U visa waivers can forgive almost everything (8 CFR 212.17). It is free for U cases. Your lawyer decides what goes in it.

Step 5: Add family members (Supplement A)

You can include your spouse and children, and if you are under 21, parents and young siblings. You can add them now or later. Ages and dates matter. See Can my spouse and children get status through my U visa?

Step 6: Add the work permit form (Form I-765)

USCIS recommends filing Form I-765 with your I-918 or Supplement A (USCIS I-918 page). If you get a bona fide determination, USCIS uses it. The first work permit is free. Principals use categories (a)(19) and (c)(14); family members (a)(20) and (c)(14).

Step 7: Check, sign and mail

• Sign every form. USCIS rejects unsigned forms.
• Use the current edition for every page. Pages from different editions can get the form rejected. Download fresh from uscis.gov.
• Do not send the USCIS checklist with your forms.
• Choose a safe mailing address. Many survivors use their lawyer's office.
• Make a full copy of everything before you mail it.
• Mail with tracking to the Nebraska Service Center address in the toolkit above.

What happens after USCIS gets my packet?

1. Receipt notice (I-797C). USCIS mails it after it accepts your packet. Keep it safe. It proves you filed.
2. Biometrics appointment. USCIS takes fingerprints and a photo. Go on time and bring the notice and ID.
3. Request for Evidence (RFE), maybe. If something is missing, USCIS sends a letter with a deadline. Give it to your lawyer right away.
4. Bona fide determination. If your petition is complete and genuine and background checks are back, USCIS can give deferred action and a 4 year work permit (Policy Manual).
5. Waiting list. If you qualify but the 10,000 yearly visas are used up, you go on a waiting list in filing order (8 CFR 214.14(d)(2)).
6. Decision. Approval gives U status for up to 4 years and an automatic work permit. A denial explains why.

This can take years. Look up Form I-918 on the USCIS processing times page for the current estimate. What you get at each stage: What you get while your U visa is pending or approved.

What if I move?

USCIS has a special change of address process for VAWA, T and U cases (USCIS). Follow it, and tell your lawyer. A missed letter can mean a missed deadline.

What if I am in immigration court or have a deportation order?

You still file the I-918 directly with USCIS, not with the court.

• In court: ICE lawyers may agree, if you ask, to a joint motion to end the court case while USCIS decides (8 CFR 214.14(c)(1)(i)). They do not have to.
• With a final order: you can still file. But filing does not stop ICE from carrying out the order. Your lawyer can ask ICE for a stay of removal (8 CFR 214.14(c)(1)(ii)).

See Applying for a U visa or VAWA while you are in immigration court.

Mistakes to avoid

• An expired Supplement B. Over 6 months old at filing means a weak or rejected case.
• Leaving out history. Every arrest, entry and order must be known to your lawyer and handled in the waiver.
• Using a notario. Only lawyers and DOJ accredited representatives can give legal advice. See Warning signs of an immigration scam.
• Paying a "filing fee." USCIS charges nothing for these forms. Lawyers may charge for their time.
• Mailing originals. Send copies.
• Traveling abroad while pending without your lawyer's written OK.

U visa packet checklist

Questions people ask

Can I file online? The USCIS I-918 page gives mailing addresses only. Plan to file on paper.

How much does it cost? USCIS charges no fee for Form I-918, Supplements A and B, and the U visa I-192, I-765 and I-929. Lawyers and nonprofits may charge for their time.

Can I file without a lawyer? You can, but we do not recommend it. Mistakes in the waiver or your history can lead to denial and a court case.

Is there a deadline to apply? The U visa rule sets no general deadline. The Supplement B 6 month window is the clock to watch.

Who can help?

Anywhere in the U.S.:

• Free or low cost legal help: the DOJ list of free legal service providers and the DOJ roster of recognized organizations and accredited representatives.
• National Domestic Violence Hotline: 1-800-799-7233, or text START to 88788. 24/7.

Bay Area (San Mateo and Santa Clara counties):

• CLSEPA: (650) 326-6440, 1861 Bay Road, East Palo Alto. Walk in Monday to Friday, 9 a.m. to 1 p.m. For low income residents of San Mateo and Santa Clara counties.
• Bay Area Legal Aid: advice line 1-800-551-5554.
• Legal Aid Society of San Mateo County, LIBRE program: (650) 517-8936 for attorney appointments. Limited help with U visas and VAWA.
• Tahirih Justice Center, Bay Area: 650-270-2100.

Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service. More options: Free legal help in the Bay Area.

If you are in danger right now, call 911.

One form at a time is how every finished packet got done. Start with the certification request this week.