U visa attorney — The U visa (U nonimmigrant status) protects victims of certain qualifying crimes who suffered substantial physical or mental abuse and who are helpful to law enforcement; therefore, experienced counsel can be crucial to obtaining the required law-enforcement certification, assembling supporting evidence, and preparing for the long USCIS process and later adjustment to permanent residence. See authoritative USCIS guidance and the required Form I-918 and Supplement B referenced below.
— how a lawyer helps victims of crime seek U nonimmigrant status
By Brian D. Lerner — A plain-language guide to U visas (U nonimmigrant status) for crime victims, what evidence is required, and how an attorney can help with certification, filing, and later adjustment to a green card.
What is the U visa (U nonimmigrant status)?
First, U nonimmigrant status is a humanitarian immigration option created by Congress to protect victims of certain crimes who assist law enforcement in investigations or prosecutions. Next, the principal beneficiary (the “U-1”) may be eligible for derivative family members (U-2: spouse and children, U-3: parents for minors, and other categories), and therefore filing strategy should address the family unit when possible. For an overview from USCIS, see their U nonimmigrant status page.
Core eligibility requirements (at a glance)
In short, to qualify a petitioner must show: (1) they were the victim of a qualifying criminal activity; (2) they suffered substantial physical or mental abuse as a result; (3) they have information about the criminal activity; (4) they were, are, or will be helpful to law enforcement (or likely to be helpful); and (5) the crime occurred in the U.S. or violated U.S. laws. An essential documentary element is the law-enforcement certification (Form I-918, Supplement B).
Qualifying crimes — examples (not exhaustive)
Common qualifying crimes include (but are not limited to) domestic violence, sexual assault, trafficking, kidnapping, felonious assault, stalking, extortion, and obstruction of justice. Therefore, counsel must map the client’s experience to one or more qualifying categories and assemble evidence accordingly. For the official list and details, consult USCIS guidance.
Why an attorney helps — immediate benefits
- First, lawyers help obtain the required certification from a qualifying agency (Form I-918, Supplement B) by advising clients and liaising with certifying officials.
- Next, they gather corroborating evidence: police reports, medical records, witness affidavits, photos, and proof of helpfulness to law enforcement.
- Moreover, counsel prepares declarations that explain the abuse, healing needs, and cooperation timeline — documents USCIS expects to see in a persuasive petition.
- Finally, attorneys advise on derivative family inclusion, work-authorization timing, and later adjustment to permanent residence under INA §245(m).
How the law-enforcement certification (I-918, Supplement B) works
Importantly, USCIS requires Form I-918, Supplement B — a signed certification from a qualifying law-enforcement or prosecutorial official — as evidence that the applicant was or is helpful in an investigation or prosecution. Therefore, one common task for counsel is to coordinate with certifying agencies, explain the form’s legal effect, and provide sample language or supporting documents that help the certifying official complete the form properly. See USCIS and DHS guidance for certifying officials.
Processing realities — the annual cap & backlog
However, applicants should be prepared for lengthy waits. Federal law limits the number of U-1 visas issued each fiscal year to 10,000, and USCIS has managed adjudications and approvals to that statutory cap; consequently, a large backlog has developed, and USCIS processing timelines can be long. Check USCIS processing-times and current alerts when counseling clients and planning expectations.
Adjustment to lawful permanent residence (green card)
In addition, a U-1 principal may apply to adjust status to lawful permanent resident under INA §245(m) if statutory conditions are met — for example, continuous physical presence (typically at least three years after admission in U status), not being inadmissible under certain grounds, continued helpfulness to law enforcement, and demonstration that adjustment is warranted on humanitarian grounds, to ensure family unity, or is in the public interest. See 8 C.F.R. §245.24 and USCIS guidance for details.
Quick reference — what an attorney will assemble
| Item | Why it matters |
|---|---|
| Form I-918 (petition) | Primary filing to USCIS for U nonimmigrant status. |
| Form I-918, Supplement B (certification) | Required law-enforcement certification of helpfulness — critical piece of evidence. |
| Police reports & incident records | Corroborates criminal activity and injuries. |
| Medical / mental-health records | Documents substantial physical or mental abuse. |
| Witness affidavits | Supports victim statements and helps show credibility. |
| Proof of helpfulness | Emails, subpoenas, arrest records showing cooperation with law enforcement. |
Intake & filing checklist (copy-pasteable)
- Collect client identifiers: full legal name, DOB, A-number (if any), contact information, and family details for derivatives.
- Obtain police reports, case numbers, investigator contact info, and any documentation of cooperation with law enforcement.
- Request medical/mental-health records and photographs of injuries; obtain releases to gather records quickly.
- Contact the certifying agency early and provide the certifier with I-918 Supplement B instructions and a draft packet to expedite certification.
- Prepare witness declarations and a client declaration describing the crime, injuries, and assistance to law enforcement.
- File Form I-918 with all supporting evidence and Supplement B; request biometrics and follow USCIS filing instructions.
Common client questions (FAQ)
Do I need to be a U.S. citizen to apply for a U visa?
No. U visas are for noncitizen victims of qualifying crimes; in addition, family members may sometimes be included as derivatives. Consult counsel about derivative categories and eligibility.
Who can sign the Supplement B certification?
A qualifying certifying official includes federal, state, local, tribal, or territorial law enforcement, prosecutors, judges, or other designated officials who have knowledge of the victim’s helpfulness; DHS has published a resource guide for certifying officials. An attorney can help coordinate and follow up with certifiers.
How long will USCIS take to adjudicate a U petition?
Processing times vary and have been long due to the statutory cap and backlog; check USCIS processing times for the most current estimates and plan for a multi-year wait in many cases.