U visas and victims of crimes

A U visa or U nonimmigrant status is sometimes given to people who are not U.S. citizens or permanent residents and are victims of certain crimes in the U.S.

If you or someone in your family (spouse, child, sibling, or parent) is the victim of a crime, you might be able to change your immigration status. You may be able to apply for a U visa.

A U visa or U nonimmigrant status gives you:

• 4 years of lawful status
• 4 years of work permission
• the chance to apply for permanent resident status
• a chance in some immigration court cases to avoid deportation or removal

Maybe. If you, your spouse, your child, your sibling, or your parent were the victim of a crime, you might be able to apply for U status. Even if the family member who is the crime victim is a U.S. citizen, you may still be eligible for U status.

If you apply for U status, your spouse and unmarried children under the age of 21 can apply for U status with you no matter your age. If you are under 21 when you apply for U status, your parents and your unmarried siblings under age 18 can apply for U status with you.

Maybe not. If you were the victim of a qualifying crime anywhere under U.S. jurisdiction, you might be able to get U status. You also might be able to get U status the crime happened outside the U.S., but the crime violated U.S. law.

No. You can apply for a U visa even if you're not in the U.S. right now.

No. It depends on the crime, how the crime has affected you, and more. Victims of sexual assault, domestic violence, and many other crimes can apply for a U visa. You can read the complete list of qualifying crimes on the United States Citizenship and Immigration Service's website. You must report the crime to law enforcement.

If you think you or someone in your family might be eligible for a U visa, you should also call an immigration lawyer for help.

You must prove these:

1. You (or your family member) are a victim of a crime. You (or your family member) must report the crime to the police if you want to apply for a U visa. You must get police reports to prove you are a crime victim. Other proof helps, like medical records, letters from people who helped you after the crime, or letters from witnesses to the crime. You must also write a sworn statement explaining the facts of the crime and its effects on your life. You must include your printed name, signature, and date. You don't have to sign in front of a notary, but you can.
2. You or your family member had or have serious physical or emotional problems because of the crime. Examples: You have health issues because of the crime. Ask your doctor to write a letter about the medical problems. You are having emotional problems. Ask your therapist or counselor to write a letter about these problems. Anyone who knows about how you've suffered can write a letter. If you didn't go to the doctor or therapist but you suffered abuse, describe the abuse in a written statement.
3. You helped, are helping, or will help officials investigate or prosecute the crime. You must get an official certificate (Form I-918 Supplement B) stating this. Before asking law enforcement for the certificate, talk to a lawyer about getting the certificate.
4. An official who knows how you helped or are helping the investigation of the crime can give you a signed certificate. The official could be:
   • a police official
   • a child protection officer
   • a prosecutor
   • an immigration official
   • a judge or other state or federal authorities

Most people who apply for a U visa also must apply for a waiver. The waiver application is Form I-192, Application for Advance Permission to Enter as Nonimmigrant. You must write a statement explaining why you should be able to stay and why you don't want to go back to your home country. Talk to a lawyer about this. A lawyer can help you decide if you should file the waiver application and what proof you should send with it.

If you get U status:

• You get permission to live in the U.S. for 4 years
• You get permission to work in the U.S. for 4 years
• After 3 years of living in the U.S. with your U status, you might be able to apply for permanent residence (a green card)
• You might be able include your spouse, children under age 18, parents and unmarried siblings under age 18, depending on your or their age
• Even if you don't include your relatives now, you might be able to help them later

It can take years. Immigration works on applications in the order they're filed. Try to file yours as soon as you can in order to hold your place in line. Check how long decisions on U visa applications are taking at uscis.gov:

• Click on Tools
• Under Self-Help Tools, click on Case Processing Times
• Scroll down to the Form drop-down menu. Choose I-918 Petition for U Nonimmigrant Status
• Scroll down to the Form Category drop-down menu. You must choose Petition for a noncitizen who is a victim of qualifying criminal activity.
• Scroll down to the Field Office or Service Center drop-down menu. You must choose All Service Centers.
• Click the Check Processing Time box. You'll see a box that lists the current wait time in months for a U Visa application to be processed.

Maybe. You may also be eligible for crime victim compensation assistance. This can include compensation for lost wages, counseling, medical bills and other costs related to the crime victimization.

This compensation program doesn't ask about your immigration status.  You can learn more about crime victim compensation at the state's Washington State Apply for Crime Benefits page.