You may be eligible for nonimmigrant U status if you are an alien and:

• You have suffered substantial physical or mental abuse as a result of having been a victim of a crime • You have information concerning that criminal activity; • You have been, or are being, or could be, helpful in the investigation or prosecution of the crime; AND • The crime violated a law of the United States or occurred in the United States.

USCIS will consider a crime victim to possess information about a crime if they have knowledge of the details (i.e., specific facts) concerning the crime that would assist in its investigation or prosecution.

It means actively helping law enforcement authorities in the investigation or prosecution of the crime that victimized the alien. To be eligible for a U visa, a crime victim has a continuing responsibility to provide assistance as needed. What kinds of crimes count for U visa purposes? You might be eligible for U nonimmigrant status if you suffered substantial physical or mental abuse from any of the following crimes (or other related crimes):

*Includes any similar activity where the elements of the crime are substantially similar.

†Also includes attempt, conspiracy, or solicitation to commit any of the above and other related crimes.

USCIS will consider a crime victim to possess information about a crime if they have knowledge of the details (i.e., specific facts) concerning the crime that would assist in its investigation or prosecution.

If you qualify for nonimmigrant U status, you can file a Form I-918 (Petition for U Nonimmigrant Status). The Form I-918 requests information to determine if you are eligible for the U visa and admissible to the United States.

Nothing. Unlike other visa applications, USCIS does not charge a fee to file a Form I-918. USCIS has waived its usual petition fee in these cases to reflect the humanitarian purposes of the law. And if you can’t afford to file other forms associated with a U visa, you can request a waiver from USCIS of those fees, too, by submitting a Form I-912 (Request for Fee Waiver). Couldn’t people just pretend they were crime victim to get a U visa? Not really. It’s not that easy. All form I-918 petitions for U nonimmigrant status must contain a “certification of helpfulness” demonstrating you have been helpful, are being helpful, or could be helpful in the investigation or prosecution of the criminal activity. This certification has to come from a federal, state or local law enforcement agency (or from prosecutors, judges or other authorities that investigate or prosecute crimes). Other government agencies that handle criminal investigations (like child protective services, the Equal Employment Opportunity Commission, and the Department of Labor) can also issue the “certification of helpfulness.”

Initially, 4 years. But extensions are available if the relevant law enforcement or other agency certifies that your presence in the U.S. is needed to help investigate or prosecute a crime. Also, after 3 years, you may be eligible to file for a Green Card (see below). Can you apply for a U visa even if you live outside of the United States? Yes. You can petition for nonimmigrant U status either inside or outside the United States. What if you’re not admissible to enter the United States? An otherwise inadmissible U visa applicant must first obtain a waiver of inadmissibility by filing a Form I-192 (Application for Advance Permission to Enter as a Non-Immigrant).

Yes. Only 10,000 nonimmigrant U visas are granted each fiscal year (October 1 through September 30). This limit doesn’t apply to derivative family members (spouses, children or other qualifying family members) who are accompanying or joining foreign crime victim.

USCIS creates a waiting list that provides a way for crime victims cooperating with law enforcement agencies to stabilize their immigration status. If you’re on the waiting list, you can apply for employment authorization or travel until your petition can be adjudicated after the start of the following fiscal year.

Yes. In certain cases, family members accompanying the crime victim can get a “derivative” U visa, but not on their own: the crime victim must file, on behalf of their family members, a Form I-918, Supplement A (Petition for Qualifying Family Member of U-1 Recipient).

The crime victim who was issued the U visa is called the “U-1 status holder” or the “U-1 principal” and, their family members are said to have “derivative” status (because their status is derived from the crime victim–the U-1 principal).

No. The age of the crime victim limits which family members can stay here on a derivative U visa: if the crime victim is under 21, then they can petition on behalf of their spouse, child, parent and any unmarried sibling under 18 years of age. If the crime victim is 21 or older, they can petition only on behalf of their spouse or child.

Yes, as long as certain requirements have been filled. The crime victim must have been physically present in the United for a continuous period of at least 3 years since admitted as a U nonimmigrant and they must not have unreasonably refused to provide assistance to law enforcement after receiving their U visa. Also, the same agency that certifies the crime gets to determine if the crime victim’s staying in the U.S. is justified (on humanitarian grounds to ensure a cohesive family) or is otherwise in the national or public interest.

Yes. Family members of a crime victim who received a U visa may be eligible for to apply for their own Green Card.

Family members with derivative U visas may apply for Green Cards (by filing a Form I-485 (Application to Register Permanent Residence or Adjust Status) if the crime victim with the principal U visa met the eligibility requirements for permanent residence and the crime victim’s application for adjustment of status was approved, is pending, or is filed at the same time.

Yes. Even if members of the crime victim’s family were never issued derivative U visas, USCIS can still offer them Green Cards if they–or the crime victim–would suffer “extreme hardship” if they weren’t allowed to stay in (or be admitted to) the United States.

A family member who has never held a derivative U nonimmigrant visa cannot apply for a Green Card on their own: the crime victim must file a Form I-929 (Petition for Qualifying Family Member of a U-1 Nonimmigrant) on their behalf, concurrently or subsequent to the crime victim filing his/her own Form I-485 (Application for Adjustment of Status).

Approval of the I-929 petition doesn’t confer any status upon the family member (the beneficiary) or grant them employment authorization. Approval only makes the beneficiary eligible to apply for adjustment of status. If the Form I-929 is approved, qualifying family members in the United States may file a Form I-485. Qualifying family members outside the United States may visit a U.S. embassy or consulate to obtain their immigrant visas.