When navigating life in a new country like the US, unexpected challenges can arise, and in some cases, individuals become victims of serious crimes. Thankfully, the U-1 visa program offers a path to safety for those who have suffered and are willing to help US law enforcement.
At Remitly, we know how important it is to feel secure, especially when you’re far from home and managing your finances across borders. That’s why we provide trusted information to help you build a more stable future.
In this guide, we’ll walk you through everything you need to know about the U-1 visa: who it’s for, how it works, and what benefits it can offer. Whether you or someone you know has been affected by a crime, understanding this visa can be a powerful first step toward rebuilding your life in the US.
What is the U-1 visa?
Let’s break down what the U-1 visa is and why it plays such a vital role in supporting immigrant communities in the US.
Defining the U-1 visa
The U-1 visa is a non-immigrant visa designed for victims of certain crimes who have suffered substantial physical or mental abuse and who are willing to help law enforcement in the investigation or prosecution of that crime.
This visa provides a unique form of humanitarian relief, allowing eligible individuals to remain lawfully in the US and work, without fear of deportation, while they cooperate with authorities.
Established under the Victims of Trafficking and Violence Protection Act of 2000, the U-1 visa aims to encourage victims to come forward by providing safety and legal protections. It also strengthens law enforcement’s ability to detect, investigate, and prosecute serious crimes.
Who is the U-1 visa for?
The U-1 visa is for non-citizens who have been victims of specific crimes that occurred in the US or violated US laws. These individuals may otherwise lack lawful immigration status.
The program recognizes that many immigrant victims are hesitant to report crimes out of fear of deportation or distrust of the legal system. By offering protection and work authorization, the U-1 visa helps ensure victims can safely assist in bringing perpetrators to justice.
Why was the U-1 visa created?
Before this visa existed, undocumented victims often avoided contacting the police due to fear of deportation. This silence allowed criminals to continue their activities without fear of being caught.
The U-1 visa was created to address this dilemma. Congress sought to empower victims to report crimes, cooperate with law enforcement, and ultimately make communities safer for everyone. It serves a dual purpose: victim protection and crime fighting.
U-1 visa eligibility requirements
To be eligible for a U-1 visa, you’ll have to meet several key criteria. Understanding these requirements can help determine if this visa is the right path for you.
Victim of a qualifying crime
The first requirement is that you were a qualifying criminal activity under US immigration law. These crimes are serious and often violent, and must have occurred in the US or violated US federal law.
Here are some examples of qualifying crimes:
- Domestic violence: Abuse by a family member or partner.
- Sexual assault/rape/abusive sexual contact: Any non-consensual sexual act.
- Trafficking: Both human trafficking (labor or sex trafficking).
- Felonious assault: A violent attack that causes serious bodily injury.
- Kidnapping/abduction: Unlawful seizing or holding of a person against their will.
- False imprisonment: Detaining someone without legal authority.
- Extortion/blackmail: Obtaining something through threats or coercion.
- Murder/manslaughter: Unlawful killing of another human being.
- Obstruction of justice/witness tampering/perjury: Interfering with a legal investigation or court process.
- Stalking: Persistent unwanted attention and harassment.
Note: This is not a complete list. Attempted crimes, conspiracies, or solicitation of these crimes may also qualify.
Suffered substantial physical or mental harm
You have suffered substantial physical or mental abuse as a direct result of the crime. US Citizenship and Immigration Services (USCIS) evaluates this on a case-by-case basis, considering factors such as:
- Type and severity of harm: Including severe physical injuries (e.g., broken bones, burns, lasting injuries) or profound emotional trauma (e.g., diagnosis of PTSD, severe depression, chronic anxiety).
- Circumstances of the crime: Was it violent, prolonged, or repeated?
- Evidence of lasting effects: Documentation showing how the abuse continues to affect your daily life.
- Duration of the harm: Whether the harm was short-term or has long-term physical, emotional, or psychological effects.
For instance, a victim needing surgery for injuries caused by domestic violence or someone struggling with severe anxiety after an armed robbery may both meet this requirement.
Evidence of cooperation with law enforcement or governmental agencies
One of the main goals of the U-1 visa is to support law enforcement. That’s why applicants must show they were helpful, are being helpful, or are likely to be helpful in the investigation or prosecution of the crime. This cooperation can include:
- Reporting the crime to the police
- Providing credible and reliable information
- Attending interviews or meetings with investigators
- Testifying in court
- Staying in contact with officials as requested
This cooperation is formally documented through Form I-918, Supplement B, which must be signed by a “certifying official” from a qualifying agency.
Documents needed for the U-1 visa application
To apply, you’ll need to prepare a number of forms and documents. Each one helps to approve your eligibility. Required documents:
- Form I-918, (Petition for U Nonimmigrant Status): This is the main application form you will complete.
- Form I-918 Supplement B, (Law Enforcement Certification): A certifying official must confirm that you were a victim of a qualifying crime and that you have been, are, or are likely to be helpful in the case. Note: This form is valid for 6 months from the date of signature.
- Personal statement: A written account of your experience, describing the crime, the harm you suffered, and how you cooperated with law enforcement. Be honest and detailed.
- Proof of identity: Such as your passport, birth certificate, national ID, or other official document.
- Evidence of harm: Medical records, psychological evaluations, therapy records, police reports detailing your injuries, photographs, or sworn statements from family, friends, or professionals who can attest to the changes in your physical or mental health.
- Police reports and court documents: Any official records related to the crime and the investigation or prosecution.
- Other supporting documents: Depending on your case, this might include witness statements, news articles about the crime, or any other evidence that supports your claim.
Step 1: Gather all necessary documents
As detailed above, compile your personal statement, identity proof, evidence of harm, and your signed Form I-918 Supplement B.
Step 2: Complete Form I-918
Fill out the petition accurately and completely. If you’re under 16 or unable to complete it yourself, a parent, guardian, or “next friend” can file on your behalf.
Step 3: File the application with USCIS
Send your completed Form I-918 and all supporting documents to the USCIS Vermont Service Center. Make sure to keep copies for your records.
Step 4: Receive a receipt notice
USCIS will send you a receipt notice (Form I-797C, Notice of Action), confirming they’ve received your application. Keep this safe.
Step 5: Attend a biometrics appointment
You will likely receive an appointment notice for biometrics (fingerprints, photos, and signature) at an Application Support Center (ASC). This is a standard part of the process.
Step 6: Interview (if required)
While not all applicants are interviewed, USCIS may request one if they need more information or clarification.
Step 7: Await review and approval
USCIS officers will review your application, assess your eligibility, and make a decision.
Timeline and fees
The U-1 visa process is known for its lengthy wait times due to an annual cap of 10,000 visas. As of early 2025, total processing times can range from 6 to 10 years.
However, USCIS has implemented a Bona Fide Determination (BFD) process to provide some relief during this wait. If USCIS determines your petition to be legitimate (bona fide), they may grant deferred action to protect you from removal and issue an Employment Authorization Document (EAD), which allows you to work legally in the US.
The BFD process can take between 12 to 18 months, providing a faster path to work authorization.
Regarding fees, there is generally no filing fee for Form I-918, Petition for U Nonimmigrant Status. However, there are fees for applying for an Employment Authorization Document (Form I-765) and for adjusting status to a green card (Form I-485) later on, though fee waivers may be available for eligible individuals.
Overcoming common challenges in your U-1 visa journey
Applying for a U-1 visa can be a complex process, and it’s normal to encounter challenges. Knowing about these potential obstacles and how to address them can help you prepare.
Difficulty obtaining law enforcement certification
One of the most significant hurdles is securing the signed Form I-918 Supplement B from a law enforcement agency. Agencies sometimes have varying policies or may not be familiar with the U visa program. To solve this, follow these steps:
Be persistent and patient: Follow up respectfully and provide all requested information.
Help educate them: Some agencies might need more information about the U visa program. Provide them with resources from USCIS or immigration advocacy groups.
Seek legal assistance: An immigration attorney or accredited representative can often help facilitate communication with law enforcement, explain the process to them, and advocate on your behalf.
Fear of retaliation or denial due to incomplete documentation
Many victims, especially immigrants, fear retaliation from their abusers or worry about the consequences of revealing their immigration status. There are also concerns about having enough “perfect” documentation.
Confidentiality protections: U visa applications are confidential, and USCIS has strict rules to protect the privacy of applicants. Information shared within the U visa process is generally not used for immigration enforcement purposes against the victim.
Focus on thoroughness, not perfection: While comprehensive documentation is best, USCIS understands that victims may not have access to every single record. Provide as much evidence as you can, and explain any gaps. A personal statement can be very powerful here.
Prioritize safety: If you fear for your safety, discuss this with your attorney and law enforcement. There are resources available to help ensure your protection.
Limited knowledge of rights and procedures
The US legal and immigration system can be confusing, especially if English is not your first language or you are new to the country.
Connect with immigration advocates and attorneys: Support organizations can provide invaluable assistance, often for free or at a low cost. They can help you understand your rights, prepare your application, and navigate the legal complexities.
Keep thorough records: Maintain copies of everything. Attentive record-keeping strengthens your application and helps you stay organized.
U visa validity, renewal, and benefits
If your U-1 visa application is approved, it opens doors to significant protections and opportunities in the United States.
Validity and renewal
A U-1 visa is generally granted for four years. During this time, you have lawful status in the US. If your cooperation with law enforcement is still required after four years, or if you are still waiting for a final decision on your adjustment of status application, your U-1 visa can be extended.
Pathway to permanent residency (green card)
One of the most significant benefits of the U-1 visa is the potential to apply for lawful permanent residency (a green card) after three years. To be eligible for this, you must:
- Have lived continuously in the US for at least three years since receiving U status.
- Have cooperated with law enforcement or other officials in the investigation or prosecution of the qualifying crime.
- Show that your continued presence in the US is justified on humanitarian grounds, to ensure family unity, or is otherwise in the public interest.
- Be admissible to the United States (though many grounds of inadmissibility can be waived for U visa holders).
- This pathway is an important step towards long-term stability and security in the US.
Other benefits of holding a U-1 visa
Beyond the pathway to a green card, the U-1 visa offers several immediate benefits, such as:
With a U-1 visa (or a Bona Fide Determination), you can apply for an Employment Authorization Document (EAD), commonly known as a work permit. This allows you to work legally in the United States, providing financial stability and independence.
Protection from deportation
The U-1 visa grants you protection from removal (deportation) from the United States. This means you can live without the constant fear of being detained or deported by immigration authorities.
Stability for family members through derivative visas
The U-1 visa allows certain qualifying family members to also obtain U status as “derivative” beneficiaries. This means your loved ones can also live and work legally in the US and be protected from deportation. The derivative visa categories include:
- U-2 visa: For the spouse of the U-1 principal applicant.
- U-3 visa: For the unmarried children (under 21 years old) of the U-1 principal applicant.
- U-4 visa: For the parents of the U-1 principal applicant, if the principal applicant is under 21 years old.
- U-5 visa: For unmarried siblings (under 18 years old) of the U-1 principal applicant, if the principal applicant is under 21 years old. This provision ensures that families can stay together and rebuild their lives safely.
FAQs
Who qualifies for a U-1 visa, and what crimes are covered?
U-1 visas are for victims of serious crimes who have suffered significant physical or mental harm and are willing to assist law enforcement. Qualifying crimes include domestic violence, sexual assault, trafficking, felonious assault, and others. The crime must have occurred in the US or violated US laws.
How can I prove I suffered substantial harm for the U-1 visa?
Submit evidence like medical or psychological records, police reports, photos, and sworn statements from yourself or others detailing the harm you experienced.
How long is the processing time for U-1 visa applications?
Processing can take 6 to 10 years due to annual limits. However, USCIS may grant a Bona Fide Determination (BFD) within 12-18 months, which can provide deferred action and work authorization while you wait for a final decision.
What happens if my application is denied?
You’ll receive a denial notice explaining why. You may be able to appeal, file a motion to reopen, or reapply. An immigration attorney can help explore your options.