The U nonimmigrant status (commonly called the “U visa”) is designed to protect victims of certain qualifying crimes who assist, or are likely to assist, law enforcement in the investigation or prosecution of that crime. The U visa provides temporary lawful status, work authorization, and a path to lawful permanent residence for eligible principal petitioners (and certain qualifying family members). For many survivors, obtaining a U visa opens access to safety, stability, and public benefits while a case proceeds.
Key components that intake staff should confirm immediately are: (1) whether the client is the victim of a qualifying criminal activity, (2) whether there is a detailed, signed certification from a law enforcement agency (Form I-918, Supplement B) or an eligible certifying official, and (3) whether the client is willing and able to provide reasonable assistance to an investigation or prosecution (or can show that such assistance is likely). Timely, careful documentation of both the criminal incident and the client’s cooperation with authorities is essential — many denials are avoidable by a clear, well-organized intake file and early communication with the certifying agency.
— Overview & Client Intake
By Brian D. Lerner — Practical intake checklist, eligibility summary, and next steps for victims and advocates.
U Visa quick reference
| Topic | Short summary | Why it matters |
|---|---|---|
| Qualifying crime | Includes violent and certain non-violent crimes (e.g., assault, sexual assault, domestic violence, trafficking, extortion, etc.). | Only victims of qualifying criminal activity are eligible; identify crime type and evidence early. |
| Certification (Form I-918, Supp. B) | Signed by law enforcement or other authorized certifying official confirming victim’s helpfulness. | Certification is required to file a principal U petition; obtain the correct certifying signature early. |
| Assistance to authorities | Victim must be, or likely to be, helpful in investigation/prosecution; exceptions exist for victims under certain protections. | Document cooperation: interviews, court appearances, police reports, referrals. |
| Derivative family | Spouse, unmarried children under 21, and in some cases parents/children of principals under 21 may derive status. | Identify family members early to include them in filings or family petitions as appropriate. |
Immediate intake checklist
- Client full legal name, aliases, DOB, country of birth, and current contact method (phone/WhatsApp/email).
- Summary of the criminal incident(s): date(s), location(s), description of events, and names of perpetrators (if known).
- Any police reports, incident numbers, hospital/medical records, or witness statements — collect and scan.
- Whether law enforcement has issued or will issue a Form I-918, Supplement B (name and contact of certifying official/agency).
- Document all interactions with law enforcement/prosecutors: interview dates, court dates, subpoenas, letters of cooperation.
- Family composition and immigration status of family members (spouse, children); collect birth/marriage certificates and IDs.
- Any prior immigration history, removals, criminal convictions, or inadmissibility issues — flag for attorney review.
- Assess immediate safety needs (shelter, medical, mental health) and make referrals; document referral outcomes.
Frequently asked questions
Who can file a U visa?
A person who is a victim of qualifying criminal activity, who has suffered substantial physical or mental abuse from the crime, who possesses information about the crime, and who has been helpful, is being helpful, or is likely to be helpful to law enforcement in the investigation or prosecution.
What is Form I-918, Supplement B?
Form I-918, Supplement B is the law-enforcement certification that confirms the victim’s helpfulness. It must be completed by an authorized official (e.g., police, prosecutor, victim-witness coordinator) and is required for the principal U petition.
Does a U visa lead to a green card?
U nonimmigrant status is temporary, but eligible principal petitioners may apply for adjustment to lawful permanent resident status after meeting statutory requirements. Eligibility for adjustment depends on continuous physical presence, admissibility, and other criteria — confirm current rules with counsel or official USCIS guidance.
Can my family get protection too?
Certain immediate family members (spouse, unmarried children under 21, and other limited relations depending on principal’s age/status) can derive U status. Document family relationships with certified birth/marriage records early.
What happens if law enforcement refuses to sign the certification?
If the certifying agency will not sign, ask for written explanation and explore alternative certifying officials or advocate through victim-witness services and legal counsel. Some jurisdictions have specific guidelines for certifying officials and victim advocates who can assist.