U Visa (Victims of Crime) — Purpose, History, Eligibility, Process, and Case-Law Guide

Date of Information: 10/03/2025

Check back soon; we update these materials frequently.

What the U Visa Does (in plain English)

The U visa gives certain non-citizens who were victims of serious crimes a way to live and work lawfully in the United States while helping police and prosecutors. If you qualify, you can receive work authorization, limited protections from removal, and—after meeting additional requirements—a path to a green card for you and, in some cases, your family.

Congress’s goals: protect victims who suffered substantial harm and encourage cooperation with law enforcement. The program sits in the Immigration and Nationality Act (INA) at 8 U.S.C. § 1101(a)(15)(U) and § 1184(p); DHS implements it primarily through 8 C.F.R. § 214.14 (U status rules) and 8 C.F.R. § 245.24 (green card rules for U holders).

Brief History & Why It Exists

  • 2000: Congress creates U status to remove the fear barrier that kept victims from reporting crimes.

  • 2006–2008: Congress directs DHS to issue rules; DHS publishes 8 C.F.R. § 214.14, which sets the modern U-visa framework (definitions, evidence, derivative relatives, waitlist).

  • Annual cap: Congress limits principal U-1 approvals to 10,000 per year; USCIS uses a waitlist with deferred action and (discretionary) work authorization while applicants wait for a visa number.

  • Work permits while waiting: Congress later authorizes DHS to grant employment authorization to applicants with a “pending, bona fide” U petition—this authority is discretionary (8 U.S.C. § 1184(p)(6)). Multiple courts emphasize the discretion on pre-waitlist EAD, but also recognize courts can review unreasonable delay in U adjudications in some jurisdictions.

Who Qualifies (Eligibility Checklist)

To qualify as a principal U-1:

  1. Victim of a qualifying criminal activity that happened in the U.S. or violated U.S. law.

  2. Substantial physical or mental abuse as a result of that crime.

  3. Information about the crime.

  4. Helpfulness: you have been, are, or are likely to be helpful to law enforcement or prosecutors (shown by a signed Form I-918B from a certifying agency).

  5. Admissible to the U.S. or you request a waiver. U law grants USCIS unusually broad waiver power for inadmissibility when justified by humanitarian/public-interest reasons, except for specific non-waivable grounds (e.g., Nazi persecution, genocide, torture/extrajudicial killing).

Complete list of qualifying criminal activities

  • Abduction;

  • Abusive Sexual Contact;

  • Blackmail;

  • Domestic Violence;

  • Extortion;

  • False Imprisonment;

  • Female Genital Mutilation (FGM);

  • Felonious Assault;

  • Fraud in Foreign Labor Contracting;

  • Hostage;

  • Incest;

  • Involuntary Servitude;

  • Kidnapping;

  • Manslaughter;

  • Murder;

  • Obstruction of Justice;

  • Peonage;

  • Perjury;

  • Prostitution;

  • Rape;

  • Sexual Assault;

  • Sexual Exploitation;

  • Slave Trade;

  • Stalking; Torture;

  • Trafficking;

  • Witness Tampering;

  • Unlawful Criminal Restraint;

  • and Other Related Crimes (including attempt, conspiracy, or solicitation).

Family Members (Derivatives)

  • If the principal is under 21: may petition for spouse, children, parents, and unmarried siblings under 18.

  • If the principal is 21 or older: may petition for spouse and children.

  • Later, some relatives who never held U status can be petitioned after the U-1 becomes a permanent resident via Form I-929 (showing qualifying relationship, extreme hardship to the U-1 or relative, and favorable discretion under the I-929 standard).

Adjustment-related rule: 8 C.F.R. § 245.24 governs how U-1 principals and qualifying family members move to lawful permanent residence after time in U status (details below).

What USCIS Looks For (Evidence Map)

  • Law-Enforcement Certification (I-918B): confirms qualifying crime and helpfulness.

  • Personal declaration: detailed timeline of the crime, harm, and cooperation.

  • Corroboration: police reports, charging documents, protective orders; medical and mental-health records showing “substantial” harm; witness letters; photos or digital evidence.

  • Waiver package (I-192) if needed: addresses inadmissibility with equities (rehabilitation, community ties, hardship, public interest). U-visa waivers carry unusually broad humanitarian/public-interest discretion compared to many other statuses.

How to Apply (Step-by-Step)

  1. Form I-918 (principal) and I-918B (signed by a certifying agency).

  2. Form I-918A for each derivative family member.

  3. Form I-192 waiver (if any inadmissibility applies) under INA § 212(d)(14).

  4. Supporting packet: declarations + evidence above.

  5. Biometrics and background checks.

  6. Waitlist and work authorization: If approvable but a visa number isn’t available due to the cap, USCIS places the case on the waitlist (deferred action; EAD may be granted in discretion). Courts repeatedly note pre-waitlist EAD remains discretionary.

Timelines, Delays, and What the Courts Say

  • No fixed deadline in the statute for U adjudications. But agencies must act within a “reasonable time” under the Administrative Procedure Act (APA), and courts can, in some jurisdictions, review unreasonable delay claims. Secondary authorities explain that the duty to adjudicate remains ministerial even without a numeric deadline.

  • Calderon-Ramirez (7th Cir. 2017): a 1.5-year pre-waitlist delay was not unreasonable given surging backlogs and service-center redistribution.

  • Gonzalez v. Cuccinelli (4th Cir. 2021): courts cannot compel pre-waitlist EAD because it’s discretionary, but may review unreasonable delay in waitlist placement (claim survived dismissal).

  • Moreno v. Wolf (N.D. Ga. 2021): USCIS lacks unfettered discretion to not adjudicate; APA unreasonable-delay claims to push an adjudication (not the outcome) can proceed.

  • Butanda v. Wolf; Hasan v. Wolf (2021): some courts read timing as largely committed to agency discretion and declined jurisdiction to compel the pace of U adjudications.

Practical takeaway: What counts as “unreasonable delay” varies by circuit and facts (total wait time, comparative backlog, agency resource shifts, human welfare impacts, and whether the plaintiff seeks to jump the line ahead of earlier filings).

The Cap, Waitlist Mechanics, and Work Authorization

  • Cap: USCIS can grant 10,000 principal U-1s per fiscal year. Derivatives don’t count against the cap.

  • Waitlist: Approvals beyond the cap move to a regulatory waitlist with deferred action and discretionary work authorization. Courts have consistently recognized the legality of this 3-stage structure: (1) pending (no benefits as of right), (2) waitlisted (DA + EAD in discretion), (3) visa granted (status + EAD incident to status).

  • Pre-waitlist EAD: Even though Congress authorized DHS to grant it to bona fide applicants, it’s discretionary; courts won’t compel DHS to use that authority on a set timetable.

Getting to a Green Card (Adjustment of Status)

Under INA § 245(m) and 8 C.F.R. § 245.24, a principal U-1 (and certain family members) may apply for a green card by filing Form I-485 after meeting all of the following:

  • 3 years of continuous physical presence in U status (with narrow exceptions for brief, justified absences).

  • No unreasonable refusal to assist law enforcement since getting U status.

  • Admissibility (or a covered waiver where permitted).

  • Show that continued presence is justified on humanitarian grounds, to ensure family unity, or is otherwise in the public interest (USCIS balances positive/negative factors).

For relatives who never had U status (I-929)

After the U-1 becomes a permanent resident, they may file Form I-929 for certain qualifying relatives who did not hold U status, showing the qualifying relationship, extreme hardship, and favorable discretion (see USCIS I-929 instructions for the full standard).

Frequently Asked Questions (FAQ)

1. Do I need a criminal conviction to qualify for a U visa?
No, you don’t. A conviction is not required. What matters is that you were a victim of a qualifying crime, that you suffered substantial harm (physical or mental), and that you are cooperating (or willing to cooperate) with law enforcement. The statute and regulations focus on victimization and helpfulness, not on the outcome of a prosecution.

2. What kinds of crimes “count” for a U visa?
Here’s the full, official list of qualifying criminal activities:

  • Abduction

  • Abusive Sexual Contact

  • Blackmail

  • Domestic Violence

  • Extortion

  • False Imprisonment

  • Female Genital Mutilation (FGM)

  • Felonious Assault

  • Fraud in Foreign Labor Contracting

  • Hostage

  • Incest

  • Involuntary Servitude

  • Kidnapping

  • Manslaughter

  • Murder

  • Obstruction of Justice

  • Peonage

  • Perjury

  • Prostitution

  • Rape

  • Sexual Assault

  • Sexual Exploitation

  • Slave Trade

  • Stalking

  • Torture

  • Trafficking

  • Witness Tampering

  • Unlawful Criminal Restraint

  • Other Related Crimes, including attempt, conspiracy, or solicitation of any of the above

3. What does “substantial harm or abuse” mean?
‘Substantial harm’ means the victim suffered serious physical or psychological injury or suffering as a result of the crime. That could include injuries requiring medical treatment, long-term mental health impacts (PTSD, anxiety, depression), threats or fear of future harm, or trauma that affects daily functioning. The harm must be more than trivial or incidental.

Supporting documentation (medical records, therapist/psychologist reports, affidavits) helps demonstrate that “substantial” threshold.

4. What is the law-enforcement certification (I-918B)? Is it always required?
Yes, a certifying agency must complete Form I-918, Supplement B (or equivalent) to confirm:

  • A qualifying crime occurred, and

  • You were, are, or are likely to be helpful to law enforcement or prosecutors.

Certifying agencies include certain law enforcement offices, prosecutors, judges, and other designated government bodies. Without this certification, USCIS will generally deny the petition. In practice, obtaining or coordinating with the certifying agency often is one of the tougher steps.

5. What if I have past immigration violations, criminal history, or other “inadmissibility” issues?
That does not automatically disqualify you. The U visa has a built-in waiver provision under INA § 212(d)(14). USCIS has wide discretion to forgive many grounds of inadmissibility when circumstances (humanitarian, public interest, family unity) warrant it. Exceptions: some grounds, such as involvement in genocide, torture, or Nazi persecution, are not waivable.

When you have potential obstacles, a clear waiver strategy (evidence of rehabilitation, positive equities, mitigating facts) is very important.

6. How long does the entire U visa process take?
It varies widely because:

  • Only 10,000 principal U visas are approved each fiscal year (cap).

  • If approvals exceed the cap, USCIS puts qualified cases on a waitlist.

  • The time to adjudicate (before or after waitlist) depends on USCIS backlog, service center, case complexity, RFEs, and legal challenges.

Some delays of 12–18 months or more are common. In some circuits, courts may permit lawsuits under the APA if delays become “unreasonable.”

7. Can I work while my U visa is pending?
It depends:

  • After your petition is approved and you have U status, you get work authorization incident to status.

  • If your application is placed on a waitlist, USCIS may issue a work permit (employment authorization) at its discretion.

  • Before waitlist, obtaining a work permit (pre-waitlist EAD) is discretionary—not guaranteed, and courts typically will not force DHS to expedite that.

8. Can traveling outside the U.S. hurt my case?
Yes, it can. Leaving the country might:

  • Break your continuous physical presence requirement, which is crucial for later applying for a green card (adjustment of status).

  • Trigger inadmissibility or inspection issues at reentry.

  • Be treated as abandonment of your application if you depart without the proper advance approval.

Always seek legal advice before traveling while a U petition or adjustment application is pending.

9. When can I apply for permanent residence (a green card)?
You are eligible to file for adjustment of status under INA § 245(m) and 8 C.F.R. § 245.24 once:

  1. You have maintained three years of continuous physical presence in U status (some narrow exceptions for permitted absences).

  2. You have not unreasonably refused to provide assistance to law enforcement since receiving U status.

  3. You are still admissible (or have a required waiver).

  4. You can show that continued presence is justified on humanitarian grounds, to preserve family unity, or meets public interest.

After you adjust, you may also help some relatives who never had U status file for permanent residence under Form I-929 (in specific circumstances).

10. What should I do right now if I think I qualify?
Here’s a practical checklist:

  • Seek a trusted immigration attorney or legal advocate immediately.

  • Collect documentation: police reports, medical or mental health records, affidavits, witness statements, protective orders.

  • Begin communicating with the potential certifying agency (police, prosecutor, etc.) early — get the I-918B certification.

  • Disclose any immigration or criminal history openly to your legal team so waiver strategy can start early.

  • Keep a timeline of every step (filing date, USCIS notices, RFEs) to preserve evidence if delays need to be challenged later.

Common Case Issues & How We Address Them

  • I-918B certification hurdles: We develop a strategy to obtain/renew certifications (especially with turnover at certifying agencies).

  • “Substantial” harm proof: Trauma-informed evaluations from licensed clinicians; clear nexus between the crime and harm.

  • Inadmissibility & I-192: Early screening and disclosure; rehabilitation, equities, and humanitarian/public-interest framing under § 212(d)(14).

  • Document barriers: If abuse or danger prevents obtaining passports/visas, documentary requirements can sometimes be waived under Part 212; we document why ordinary procurement is unsafe or impracticable.

  • Managing delay evidence: We track filing date, biometrics, RFEs, and service-center movement to preserve a record for potential APA arguments if delays become excessive (what’s “excessive” depends on the jurisdictional landscape summarized above).

Other Helpful Resources:

  1. Leading Cases on U-visa timing & discretion

    • Gonzalez v. Cuccinelli, 985 F.3d 357 (4th Cir. 2021) — jurisdiction to review unreasonable delay for waitlist; no compulsion for pre-waitlist EAD.

    • Calderon-Ramirez v. McCament, 877 F.3d 272 (7th Cir. 2017) — 1.5-year delay not unreasonable given backlog; duty to adjudicate within a reasonable time recognized.

    • Moreno v. Wolf, 558 F. Supp. 3d 1357 (N.D. Ga. 2021) — no unfettered discretion to refuse adjudication; APA delay claim allowed.

    • Butanda v. Wolf, 516 F. Supp. 3d 1243 (D. Colo. 2021) — deference to USCIS on pace of U adjudications (no compulsion).

    • Hasan v. Wolf, 550 F. Supp. 3d 1342 (N.D. Ga. 2021) — similar discretionary-timing reading.

See Also:

Charles International Law’s research guides are always free, but if you find them helpful, please consider a donation or gratuity.