Many immigrants who are victims of crimes in the United States never report them. They are afraid that talking to the police will lead to questions about their status. So they stay quiet, and the person who hurt them faces no consequences.
The U visa exists to change that. Congress created it to protect immigrants who are victims of serious crimes and who help law enforcement. You do not need legal status to apply.
This guide answers the four questions we hear most: who qualifies, which crimes count, whether an old crime still qualifies, and what happens after you file. For a full overview of the U visa, see our U visa guide.
1. Were you the victim of a crime in the U.S.? You may qualify even without status
A U visa is not only for people who already have papers. Many people who qualify entered without a visa, overstayed, or have no status. Past immigration problems can often be forgiven with a waiver filed as part of the case.
To qualify, four things must be true:
- You were the victim of a qualifying crime. The crime must be on the list in the law or be similar to one on the list. The next section covers which crimes count.
- You suffered substantial physical or mental harm. This means real harm to your body or your emotional health because of the crime. Medical records, counseling records, and your own statement can help show it.
- You have information about the crime. You do not have to be the only witness. You need to know enough to be useful to the investigation.
- You helped, are helping, or are likely to help law enforcement. Calling 911, giving a statement to the police, or testifying in court can all count.
The crime must have happened in the United States or broken U.S. law. Law enforcement must also sign a form confirming that you helped. That form is called Form I-918, Supplement B. It can be signed by the police, a prosecutor, a judge, or certain other agencies, such as child protective services or some labor agencies. The agency does not have to sign it, and you cannot file a U visa case without it.
Some family members can be included. A spouse and children under 21 can usually be added. If the victim is under 21, parents and unmarried brothers and sisters under 18 may also be included. In some cases, such as when the victim was killed or is a child, a close family member can apply as an indirect victim.
2. Which crimes can qualify for a U visa? The short list
The law lists the qualifying crimes. The most common ones we see are:
- Domestic violence
- Sexual assault, rape, and abusive sexual contact
- Felonious assault (a serious attack, often with a weapon or causing injury)
- Kidnapping, abduction, and false imprisonment
- Human trafficking, forced labor, and involuntary servitude
- Stalking
- Extortion and blackmail
- Witness tampering, obstruction of justice, and perjury
- Murder and manslaughter
The full list also includes crimes such as torture, incest, hostage taking, sexual exploitation, and fraud in foreign labor contracting. An attempt, conspiracy, or solicitation to commit any listed crime can also qualify.
What matters is what actually happened, not only the name of the charge. A crime can qualify if it is similar to one on the list, even if the police used a different name for it. For example, robbery and burglary are not on the list on their own. But a robbery where the victim was seriously beaten may involve felonious assault, which is on the list.
If you are not sure whether what happened to you counts, the police report and the facts need to be reviewed before anything is filed.
3. The crime happened years ago. Can you still apply? Often, yes
There is no deadline to apply for a U visa after a crime. Many people apply years later, once they learn the U visa exists or once they feel safe enough to come forward.
An older crime can still qualify if you helped law enforcement at the time or can still help now. What changes with time is how hard it is to put the case together. Three things matter most:
- The certification. You still need Form I-918, Supplement B, signed by the agency that handled the case. Older cases can be harder because officers retire or move on and files are archived. Many agencies will still sign if their records show you helped. You must file the signed form with USCIS within six months of the date it was signed.
- The records. You can usually still request police reports, court records, and medical records, even for old cases. A request may take weeks or months, so start early.
- The harm. You must show how the crime affected you then and now. Your own detailed statement is important. Records from doctors, counselors, or others who knew you at the time help.
If you never reported the crime, a U visa is usually not possible unless you report it now and cooperate. Even an old case may still be open, or an agency may still be willing to investigate.
4. What happens after you file a U visa: the wait list and the work permit
The U visa process is long. Only 10,000 U visas can be given to victims each year, and far more people apply than that. Here is how the process moves after you file.
- USCIS receives the case. You get a receipt notice, then an appointment to provide your fingerprints and photo.
- USCIS does a first review. This is called a bona fide determination. USCIS checks whether the case appears genuine and complete and runs background checks.
- If the case passes, you can get a work permit and protection. USCIS can grant deferred action, which is protection from deportation, along with a work permit. For many families, this is the first time in years they can work legally and get a Social Security number.
- You wait for a visa to become available. Because of the yearly limit, approved cases wait in line, often for years. During this time, keep your work permit current and your address updated with USCIS.
- The U visa is approved. When a visa becomes available, USCIS makes a final decision. A U visa gives legal status for up to four years.
- You can apply for a green card. After three years in U visa status, you may be able to apply for permanent residence.
Two cautions. First, USCIS is looking at U visa cases more closely in 2026, and a weak or incomplete case is more likely to be denied. Second, a denied case can lead to a referral to immigration court for someone without status. That is why you should build the case carefully before you file it, not after.
Do not travel outside the United States while your case is pending without talking to your attorney first.
Final word
If a crime changed your life, you should not have to live in fear because of your status. The U visa was written for people in exactly that situation. It asks a lot: a certification, records, and patience. For many families, it is worth it.
At Vital Legal Group, we review what happened, what records exist, and whether the law enforcement certification can be obtained before we file anything. To get started, schedule your free case evaluation or call us at (317) 455-6829. You can also start with the chat on our website, which will ask a few quick questions about your situation and connect you with our intake team.
Attorney Advertising. This article is general information only and is not legal advice for any specific person. Reading it does not create an attorney-client relationship. Every case depends on its own facts.
