A U visa lawyer looks at four things first: whether you are the victim of a qualifying crime, whether you suffered substantial physical or mental harm, whether you have information about the crime, and whether you cooperate with law enforcement. The cap on principal U visa petitioners is 10,000 per fiscal year, and the numbers have long been insufficient. The fiscal year 2026 numbers were used up on September 5. After the new fiscal year began on October 1, USCIS started approving petitions filed on or before August 31, 2017, so be prepared for a wait of many years. The information below is current as of November 6, 2026.
Requirements a U visa lawyer checks first
- You are a victim of a qualifying crime.
- You suffered substantial physical or mental harm as a result. Officers look at the nature, severity, duration and lasting effects of the harm, and multiple acts may be considered together.
- You have credible information about the crime.
- You have been, are or may be helpful to a law enforcement investigation or prosecution, and after you begin to cooperate you may not unreasonably refuse reasonable requests.
- The crime occurred in the United States or violated U.S. law.
- You are admissible to the United States. If not, a waiver can be requested with the I-192, and the fee is $0 for U visa applicants.
If the victim is under 16 or incapacitated, a parent, guardian or similar person may provide information and assistance on the victim's behalf. If the direct victim died from murder or manslaughter, or is unable to cooperate, family members such as a spouse or children under 21 may be treated as victims.
Which Crimes Qualify
The categories listed by USCIS include: domestic violence, rape, sexual assault, sexual exploitation, incest, kidnapping, false imprisonment, unlawful criminal restraint, stalking, extortion, felonious assault, murder, manslaughter, trafficking, involuntary servitude, slavery, prostitution, torture, perjury, obstruction of justice, witness tampering, fraud in foreign labor contracting and others. Attempt, conspiracy and solicitation of these crimes also count.
For crimes not on the list, what matters is whether the elements are substantially similar, not what the offense is called. Ordinary theft and general fraud are not on the list, so do not assume they qualify. Domestic violence victims may also look at VAWA self-petition, where the requirements of the two paths differ.
I-918B certification
When filing the I-918, you must attach the law enforcement certification, Form I-918 Supplement B, signed by an authorized official of the certifying agency, confirming that the applicant has been helpful to the investigation or prosecution.
- Certifications can be issued by federal, state and local law enforcement agencies, prosecutors, judges and other relevant agencies.
- The signature date must be within 6 months before the I-918 is filed; if it has expired, a new one must be obtained.
- The applicant must also submit a signed statement describing what happened.
Having a certification does not guarantee approval; USCIS still reviews all the requirements. The fees for the I-918, Supplement A and Supplement B are all $0. USCIS changed its filing address on October 7, 2026, so check the latest page before filing.
People without lawful status should weigh one risk first: a February 2025 USCIS memorandum (PM-602-0187) states that if a person has no lawful status when an adverse decision is made, USCIS will issue a Notice to Appear (NTA). Evaluate this before filing.
Cap and Waiting List
The 10,000 numbers apply only to principal petitioners; family members do not count against the cap, but they must wait for the principal to be approved. USCIS approves petitions in order of filing date.
After the numbers are used up, eligible petitioners go on the waiting list. USCIS grants deferred action or parole and may approve work authorization, and principal petitioners' work permits are valid for 4 years. While under deferred action or parole during the wait, you do not accrue unlawful presence. However, USCIS may in its discretion remove a person from the list or terminate deferred action.
Before the waiting list there is the bona fide determination. For applicants in the United States, if USCIS finds the petition bona fide and there are no adverse factors, it may issue a work permit and grant deferred action; those who do not pass this step may still be reviewed for the waiting list. The simplified adjudication approach was suspended on February 4, 2025, and all cases are still reviewed in the order received. USCIS has said in its latest notice that it will continue making this determination.
After Approval
U status is valid for 4 years and may be extended if you qualify. Principal petitioners 21 or older may file for a spouse and children; those under 21 may also file for parents and unmarried siblings under 18.
If you have held U status and been continuously in the United States for 3 years, have not unreasonably refused to cooperate with law enforcement, and have humanitarian, family unity or public interest grounds to remain, you may apply for a green card.
Contact us
Lu Xin Law Offices is located in Flushing, New York (36-09 Main Street Suite 5-D5) and has an office in West New York, New Jersey (14 65th St). Our responsible attorney, Michael R. Curran (Attorney Curran), is licensed in New York and New Jersey. Immigration is a federal matter, and representation in cases in other states is arranged according to the applicable rules of practice and the scope of engagement; representation in immigration court cases depends on whether the attorney has completed the required registration. For related information, see Immigration Court Representation. If you are in danger, call 911 first. To learn whether you qualify, bring your police report, case number, and medical or psychological records and consult a U visa lawyer. Call 347-618-3386, and when you call, let us know what time and number are safe for us to contact you. For our services, see Immigration Legal Services.
FAQ
Can I apply for a U visa without status?
The U visa looks at victimization and cooperation, but the applicant must be admissible. If inadmissible, a waiver can be requested with the I-192; for U visa applicants the fee for this is $0, and whether it is approved is up to USCIS.
When do I need the I-918B?
It must be signed by an authorized official of the certifying agency, and the signature date must be within 6 months before the I-918 is filed.
Do I get a work permit right after filing?
Not necessarily. For applicants in the United States whose petition is found to be bona fide, USCIS may grant a work permit and deferred action, and principal petitioners on the waiting list may also receive work permits. The timing is not fixed.
Sources: uscis.gov, uscis.gov, uscis.gov, uscis.gov, uscis.gov, uscis.gov, ecfr.gov, ecfr.gov, uscis.gov. The information above is current as of November 6, 2026. Immigration rules and fees may change, so check the latest official requirements before you file.
Attorney Advertising. This article is general information and is not legal advice on any particular case. Eligibility, procedures and outcomes depend on the facts of each case, the applicable law and the decision of the government agency.