Qualifying activity
Criminal activity listed in the law or substantially similar conduct within the required US legal jurisdiction.
FORM I-918 · CRIME VICTIM IMMIGRATION
U Visa Lawyer — Immigration Relief for Victims of Qualifying Crimes
Evaluate the criminal activity, certification, substantial harm, work authorization, waivers and family options with an immigration attorney.
THE U VISA STANDARD
Who can qualify for U nonimmigrant status?
A crime report or a certification alone is insufficient; each applicable requirement must be established.
Substantial abuse
Physical or mental harm assessed under the USCIS substantial abuse standard.
Information and help
Information about the crime plus past, present or likely future helpfulness to qualified authorities.
Certification
A valid Form I-918 Supplement B signed by a qualifying official.
Admissibility
The applicant must be admissible or obtain an available discretionary waiver.
SUPPLEMENT B
Obtaining the required law enforcement certification
A valid Supplement B certifies helpfulness and qualifying activity, but USCIS independently reviews the immigration petition.
Who may certify
Police, prosecutors, judges and other authorized agencies within their respective jurisdiction.
Six months
USCIS must receive Form I-918 within six months of the Supplement B signature date.
Not an approval
An official signature does not prove every eligibility element or guarantee USCIS approval.
Prosecution or conviction is not always required; careful presentation of victimization, cooperation and agency records is still essential.
PROOF AND PREPARATION
Build a truthful, consistent petition record
Organize the underlying incident, the victim’s harm, helpfulness and immigration background before submitting Form I-918.
Personal declaration
A clear chronology explaining what happened, harm suffered and interactions with authorities.
Independent corroboration
Reports, messages, medical or counseling evidence and available witness statements.
Waiver review
Analyze prior entry, status, criminal or removal problems and whether Form I-192 is appropriate.
FORM I-918
U visa processing and the annual numerical limit
The required certification, U petition, optional work benefits and eventual U approval are separate stages.
Assess
Identify crime category, injury, helpfulness and certifier.
Certify
Obtain a signed current Supplement B.
Petition
File Form I-918 with supporting evidence and relevant supplements.
Interim review
USCIS may make a bona fide determination or waiting list decision.
Final action
Approval of U status and separate long term planning follow when eligible.
The cap is 10,000 principal U-1 grants per fiscal year, excluding derivatives. Timelines vary and no processing date is guaranteed.
BONA FIDE DETERMINATION
Work permits and deferred action while waiting
Submitting I-918 does not itself authorize employment or confer U status.
Favorable review
A discretionary bona fide determination can support deferred action and employment authorization.
Waitlist relief
Some otherwise approvable applicants receive deferred action and possible EAD benefits.
Approved U classification
U-1 recipients are employment authorized incident to status; corresponding EAD documentation depends on procedure.
Form I-765 categories and timing must be checked individually. Deferred action does not start the three year U adjustment period.
SUPPLEMENT A
Options for qualifying family members
Form I-918 Supplement A may permit derivative classification for qualifying relatives, subject to age and relationship rules.
Principal 21 or older
Qualifying spouse and unmarried children.
Principal under 21
Spouse, qualifying unmarried children, parents and unmarried siblings younger than 18.
Separate filing
Each qualifying derivative generally requires a separate Supplement A and individual eligibility review.
I-192 / I-485
Waivers and permanent residence require separate planning
U status may eventually support a green card, but the applicant must satisfy additional legal requirements.
Inadmissibility waiver
An available waiver is discretionary and depends on the applicant’s actual grounds and circumstances.
Three years in U status
Qualifying continuous physical presence in U status for at least three years is generally required before adjustment filing.
Certain additional relatives
This is a separate pathway for certain family members connected to the U adjustment framework.
A pending petition or deferred action generally does not count as time in U nonimmigrant status.
CONFIDENTIALITY
Protected case information and safe contact
8 USC 1367 restricts certain disclosures and use of victim based immigration information, subject to statutory exceptions.
Special procedures
Follow USCIS protected-case and safe mailing address guidance where relevant.
Communication safety
Consider whether shared devices, messages or addresses can be accessed by an unsafe person.
Individual advice
Do not send sensitive abuse details through a standard public form or assume email is inaccessible to others.
U VISA QUESTIONS
15 frequently asked U visa questions
Practical answers about certification, crime types, family, employment authorization and permanent residence.
01What is a U visa?
U classification may protect qualifying victims of specified criminal activity who suffer substantial physical or mental harm and meet the helpfulness, certification, jurisdiction and admissibility requirements.
02What is the law enforcement certification for a U visa?
Form I-918 Supplement B is required initial evidence signed by an authorized certifier. USCIS must receive the I-918 petition within six months after the official signs. Certification does not grant status.
03Can I get a work permit with a U visa case?
A pending I-918 alone does not authorize work. USCIS may grant discretionary deferred action and an EAD after a favorable bona fide determination or waiting list decision, or issue employment authorization upon U status approval.
04Which crimes qualify for U status?
Qualifying categories include domestic violence, sexual assault, felonious assault, kidnapping, extortion, witness tampering and other enumerated or substantially similar activity. The underlying facts matter.
05Must the offender be prosecuted or convicted?
No conviction is necessarily required. Detection, investigation or prosecution may support helpfulness, but USCIS still examines all U eligibility elements.
06Can a nonpolice agency sign Supplement B?
Depending on authority, prosecutors, judges and agencies investigating or detecting qualifying activity may certify, as well as police. Signing officials must have proper authorization.
07How do I document substantial abuse?
Evidence may include a truthful detailed declaration, medical or counseling records, incident reports, messages, witness statements and other credible documentation.
08What is a bona fide determination?
USCIS may issue discretionary deferred action and employment authorization for a petition meeting its bona fide determination framework. A BFD does not grant U status.
09Why is there a U visa waiting list?
There is a 10,000 per fiscal year cap on principal U-1 grants. Qualifying derivative visas do not count against that cap. Some cases receive waiting list relief.
10Can an undocumented applicant seek a U visa?
Possibly. Entry or status problems require an individual admissibility review, including whether a discretionary Form I-192 waiver is needed and available.
11Can family members apply with me?
Form I-918 Supplement A may cover a spouse and qualifying unmarried children, and for principals younger than 21 when filing, qualifying parents and unmarried siblings younger than 18.
12Can U status lead to a green card?
Potentially after at least three years of qualifying continuous physical presence in U status, subject to cooperation, statutory conditions and discretion. Pending I-918 or deferred action time generally is not U status time.
13What is Form I-929?
Form I-929 is a distinct petition for certain qualifying family members in the U-1 adjustment framework; it is not the same as Supplement A for U derivatives.
14Are U visa applicants protected by confidentiality rules?
Special protections under 8 USC 1367 apply, subject to statutory exceptions. Use a safe mailing address and communication method when appropriate.
15How can counsel evaluate a U visa case?
Review the qualifying offense, victim status, substantial harm, helpfulness, certification authority, deadline, immigration history, waiver options, family eligibility and next steps.
OFFICIAL REFERENCES
Forms and agency guidance
Review current form instructions and USCIS policy when preparing the actual filing.
USCIS Form I-918 ↗ · U status policy ↗ · I-765 eligibility information ↗ · Related T visa guidance ↗
THE MESSERSMITH LAW FIRM, P.A.
Legal strategy grounded in the real evidence.
Peter Messersmith has practiced US immigration law since 2002. Our firm evaluates Form I-918 eligibility, certification requests, evidence, waivers and family strategy.
See our redacted immigration approval notices. Previous results do not guarantee future outcomes.
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What our clients say.
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FORM I-918 / U NONIMMIGRANT COUNSEL
Discuss your immigration options and certification strategy.
We can evaluate eligibility and the next filing stage. Use a safe communication method when contacting the firm.