What is a U visa and could I qualify?

This page explains who qualifies. It is general information, not legal advice, and DNLH is not a law office. How to get the police form signed is on its own page, and the risks of applying are on Is it safe to apply for a U visa right now?

What is a U visa?

It is a form of legal status for victims of certain crimes who help law enforcement. Its official name is "U nonimmigrant status."

If you are approved, you can:

• Live in the U.S. legally for up to four years, with extensions in some cases
• Get permission to work
• Include certain family members
• Later apply for a green card if you meet the rules

You do not need papers to apply. Many people who get a U visa entered without permission or have no status today.

Could I qualify?

You may qualify if all four of these are true:

1. You were the victim of a qualifying crime (see the list below).
2. You suffered substantial physical or mental abuse because of it. That can mean injuries, but also fear, trauma, depression or other lasting harm.
3. You have information about the crime.
4. You have helped, are helping, or are likely to help the police, a prosecutor, a judge or another official looking into the crime. Calling 911, making a police report, or answering questions often counts.

The crime must have happened in the United States, or broken U.S. law.

We know that last part can feel heavy. You do not need a conviction. The person who hurt you does not need to be arrested. What matters is that you did not refuse reasonable requests for help.

Which crimes count?

Federal law lists these crimes, and any similar crime under federal, state or local law:

Attempt, conspiracy or solicitation to commit any of these also counts.

What does not count by itself: robbery or theft alone is not on the list. But a crime often includes more than one thing. A robbery with a serious assault, or threats used to get money (extortion), may count. Let a lawyer look at the police report.

Crimes at work count too. Being held at a job by threats, forced to work, or cheated by a labor recruiter can fit "involuntary servitude," "peonage" or "fraud in foreign labor contracting." Some workers who were trafficked may also fit the T visa. See What counts as trafficking?

What if my child was the victim?

When the victim is under 16, a parent, guardian or "next friend" can be the one who has the information and helps the police. The child does not have to talk to the police alone.

Parents can also qualify through a child in other ways:

• As an indirect victim. Federal rules let certain family members apply as victims when the direct victim died from murder or manslaughter, or cannot help because they are incompetent or incapacitated. If the direct victim is under 21, that includes their parents and their unmarried brothers and sisters under 18.
• As a family member. If your child is approved and is under 21, the child can include parents and unmarried siblings under 18.

The rule also says USCIS looks at the victim's age at the time of the crime (8 CFR 214.14(a)(14)). How USCIS decides that a young child is "incompetent or incapacitated" is a question for your lawyer. Bring the police report and any medical or school records.

What if someone in my family was killed?

You may qualify as an indirect victim. If the direct victim died from murder or manslaughter, their spouse and children under 21 can apply. If the person who died was under 21, their parents and unmarried siblings under 18 can apply too. We are so sorry for your loss. Talk to a lawyer when you are ready.

Who in my family can be included?

Family members do not have to show they were hurt or helpful. You add them with Supplement A.

See How your spouse and children can get status through a U visa.

What if I have a record or past immigration problems?

You may still qualify. The U visa is unusual because it allows you to ask USCIS to forgive many problems that block other options. You do this with Form I-192, a waiver. That can include:

• Entering without permission
• Past deportation orders
• Many criminal records

Under 8 CFR 212.17, USCIS can waive every ground except one narrow group (participation in Nazi persecution, genocide, torture or killings) if it finds the waiver is in the public or national interest. For violent or dangerous crimes, it says it will grant a waiver only in extraordinary circumstances. The waiver is not automatic. USCIS decides each one. A lawyer should look at your full history before you file. Do not leave anything out. See Can a criminal record affect my immigration status?

How long does it take?

A long time. We will be honest with you about this.

• The law allows only 10,000 main U visas a year. Many more people apply. Those who qualify beyond that go on a waiting list in the order they filed.
• While on the waiting list, USCIS gives deferred action or parole, which protects you from removal for a time, and may give a work permit.
• Before that, USCIS may do a "bona fide determination." If your petition is complete and you pass background checks, the USCIS Policy Manual says you can get deferred action and a work permit for 4 years while you wait.
• Current wait times change often. Check USCIS processing times for Form I-918 or ask your lawyer.

Plan for years, not months. During that time you live your life, keep records, and stay in touch with your lawyer. See While your U visa is pending.

What does it cost?

Nothing to USCIS. Under the federal fee rule, 8 CFR 106.2, Form I-918 and Supplements A and B have no fee. The waiver form (I-192) normally costs $1,100, but people seeking U status are exempt from that fee and from the fees for the work permit (I-765), travel permit (I-131) and later green card application (I-485), under 8 CFR 106.3. Lawyers may charge for their time; free groups are listed below. See Do I have to pay fees to apply for a U visa?

The public charge rule, which looks at use of benefits like CalFresh or Medi-Cal, does not apply to U visa applicants. See Will using benefits hurt my case?

What should I do now?

1. Get safe. If you are in danger, call 911. For shelter and hotlines, see Where survivors can get free help.
2. Write it down. Date, place, what happened, who you talked to, any report number. Keep it somewhere safe.
3. Gather what you have. Police report, photos, medical records, court papers, texts.
4. Talk to a free legal group. Bring your notes. Ask: "Do I qualify for a U visa or anything else?"
5. Do not file alone. A U visa petition is long and the risks are real.

Mistakes to avoid

• Waiting until the six month window closes. Do not ask for the police form until your lawyer is close to ready.
• Hiding a past arrest or deportation. A waiver can fix many problems. Leaving them out can sink your case.
• Paying a notario. Only a lawyer or a DOJ accredited representative can help with your case. See Warning signs of an immigration scam.
• Thinking it is too late. Old crimes can still count.

Questions people ask

Do I need to have reported the crime when it happened? No. It helps, but you can report later and still be helpful now.

Does it matter that I am undocumented? No. The U visa is made for people without status, too.

Do I have to testify in court? Only if asked. You should not refuse reasonable requests for help, and you can ask your lawyer what is reasonable.

Can a man get a U visa? Yes. The U visa is for any victim, whatever their gender.

I was hurt at work. Does that count? Maybe. It depends on the crime. See the list above and ask a lawyer.

Who can help?

• Community Legal Services in East Palo Alto (CLSEPA): (650) 326-6440, 1861 Bay Road, East Palo Alto. Walk in Monday to Friday, 9 a.m. to 1 p.m. Helps low income residents of San Mateo and Santa Clara counties, including U visa and VAWA cases.
• Bay Area Legal Aid: advice line 1-800-551-5554. U visas, T visas, VAWA and SIJS for survivors.
• Tahirih Justice Center, Bay Area: 1-866-575-0071, Monday to Friday, 9 to 5. Free help for immigrant women and girls fleeing violence.
• Asian Law Alliance (San Jose): (408) 287-9710.
• San Mateo County Victim/Witness Assistance Center: 650-599-7479.

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.

What happened to you was not your fault. The law made this path because your voice matters. You are not alone.