Ultimate Guide to U Visa

The U.S. legal system is notorious for its intricacies and nuances, making navigating its processes quite a challenging endeavor. Unfortunately, the U visa application process also falls under this category. From stringent eligibility criteria to meticulous documentation requirements, this process might seem too overwhelming to understand. That’s where this guide comes into play. Use it to demystify the U visa petition process and gain a comprehensive understanding of all things U visa-related.

If you’ve applied for your UVisa and are wondering how to get your Bona Fide Determination and work permit while you wait,  we’ll introduce you to a service from Pro Se Pro that has already helped thousands of applicants get their work permits.

Introduction to the U Visa

Before diving into the specifics of the U visa application process, let’s go back to the basics – what is the U visa?

The U visa, or the U nonimmigrant status as it’s officially called, is a special visa introduced in October 2000 under the Victims of Trafficking and Violence Protection Act. This nonimmigrant visa is reserved for victims of specific crimes who’ve suffered mental or physical abuse and is helpful to law enforcement or government officials in the investigation or prosecution of those crimes.

The purpose of introducing this visa was to encourage non-citizen victims to cooperate with law enforcement without fear of immediate deportation. This makes the U visa highly beneficial both for the victims and the law enforcement agencies. 

The victims get justice, certain citizenship rights (e.g., work authorization), and possibly even a Green Card. Law enforcement agencies, on the other hand, are better equipped to detect, investigate, and prosecute crimes that would historically have gone unreported and, thus, unpunished.  

Better yet, UVisa applicants can get the 4 year work permit while they wait on their UVisa application.  The current wait times for a UVisa are over 4 years, so companies like Pro Se Pro specialize in helping applicants get their work permit in under 60 days.

Understanding U Visa Eligibility

The United States Citizenship and Immigration Services (USCIS) sets specific (and stringent) eligibility requirements for individuals seeking the U nonimmigrant status. And for better understanding on how to get a U Visa.

The first requirement is somewhat of a given based on the U visa’s purpose – the applicant must be a victim of qualifying criminal activity that occurred in the U.S. or broke U.S. laws. Of course, the “qualifying” part is the keyword here, as not all crimes fall under the U visa eligibility criteria. Here are the ones that do in an alphabetical order:

• Abduction
• Abusive sexual contact
• Blackmail 
• Domestic violence
• Extortion
• False imprisonment
• Female genital mutilation
• 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 (criminal activities with similar elements and attempts, conspiracies, or solicitations to commit any of the qualifying criminal activities) 

The next requirement pertains to the consequences of a qualifying criminal activity. For victims to be eligible for the U visa, they must prove they’ve suffered substantial physical or mental abuse as a direct result of the crime(s) committed against them. This guide will cover how this abuse (or harm) is proven later.

For now, let’s move on to the next eligibility requirement – the applicant must have extensive knowledge about the crime(s) committed. This knowledge includes events leading up to the victimization, as well as specific facts about the crime itself. 

However, if the victim was under the age of 16 on the date the crime occurred, they won’t be able to provide this information directly. The same goes for victims with specific disabilities, such as mental or physical impairments. So, how do these individuals get justice? By having their parents, guardians, or next friends provide information on their behalf.

If you’re unfamiliar with the term, a “next friend” is an individual appointed to act for the benefit of the victim of a qualifying criminal activity in a legal proceeding. Note that this individual can’t be a party to that proceeding and isn’t the victim’s guardian. 

Finally, the applicant must cooperate with law enforcement (or other relevant authorities) in the investigation or prosecution of the crime(s) committed against them. The cooperation can refer to past, present, or (the likelihood of) future helpfulness.

But how does the applicant prove their helpfulness?

They do so by getting certified by any of the following institutions or individuals (based on the specific circumstances of their cooperation):

• Any federal, state, territorial, local, or tribal law enforcement agency
• Any agency with criminal investigative jurisdiction (e.g., Child Protective Services)
• The Equal Employment Opportunity Commission 
• The Department of Labor (federal or state)
• Prosecutor
• Judge 

With this in mind, let’s examine how this certification process works. 

The Certification Process

First things first – the certification can happen at any point of the victim’s collaboration with the relevant authorities. There’s no requirement for the investigation or prosecution to reach a specific stage (e.g., formal charges being filed) or result in a specific outcome (e.g., arrest or conviction) for the victim to be recognized for their helpfulness.

The only thing that matters is how helpful the victim was, not when.

Based on the victim’s level of assistance and responsiveness to law enforcement requests, the certifying authority will issue what is often referred to as a “Certificate of Helpfulness.”

In reality, this certificate is a completed and signed Supplement B to Form I-918, the primary form used for the U visa petition. Supplement B is called Nonimmigrant Status Certification, and it serves as evidence of the victim’s collaboration and assistance to law enforcement authorities. That’s why this form is a mandatory submission during the U visa petition process.

There are three important notes to remember after this certificate is issued. First, receiving Form I-918B doesn’t automatically guarantee eligibility for the U visa. Second, this certificate is valid for six months, meaning that the U visa petition must also be submitted to the USCIS within this period. Third, the certifying agency can withdraw Form I-918 at any time if the victim unreasonably refuses to assist them in further investigations or prosecutions related to the qualifying criminal activity. 

Qualifying Family Members

In the U visa petition process, the victims of qualified criminal activities are referred to as principal petitioners. These petitioners receive the U-1 nonimmigrant visa. However, this isn’t the only type of the U visa. There are also those that can be awarded to the family members of U-1 visa holders, which are called derivative U visas.

There are four types of derivative U visas:

• U-2 visa (Spouses of U-1 visa holders)
• U-3 visa (Children of U-1 visa holders)
• U-4 visa (Parents of U-1 visa holders who are unmarried and under the age of 21)
• U-5 visa (Unmarried and minor siblings of U-1 visa holders who are also unmarried and under the age of 21)

Based on this classification, you can probably conclude that only victims under the age of 21 can petition on behalf of all their immediate family members – spouse, child(ren), parents, and siblings. Those over 21 can only do so for their spouse and children. 

But how does the process of petitioning for a qualified family member work?

Here’s a brief overview:

1. The U-1 visa applicant submits the necessary documentation for their visa. At the same time (or at a later date), the applicant files Form I-918, Supplement A – Petition for Qualifying Family Member of U-1 Recipient. 
2. With Form I-918a, the applicant submits evidence of the familial relationship (e.g., a marriage certificate, a birth certificate for the child, parent, or sibling, or adoption decrees).
3. The U-1 visa gets approved.
4. The derivative visa(s) get(s) approved.

As straightforward as this process sounds, the waiting period between some of these steps can be rather lengthy. For instance, as many as six years can pass between Steps 1 and 3. Plus, there can be additional steps in the middle, like the bona fide determination or a waiting list placement.

The primary reason for the existence of the waiting list is the statutory cap on the number of U visas issued per fiscal year (10,000). However, this cap only pertains to U-1 visas. In other words, once the principal petitioner gets off the waiting list, their family members shouldn’t have any issues receiving their derivative visas.

The U Visa Application Process

With all the basic information out of the way, it’s time to explain the U visa application process in easy-to-follow steps.

Step 1 – Documentation

As mentioned, the primary form needed for the U visa application process is Form I-918: Petition for U Nonimmigrant Status. So, the first step should be to complete this form.

Form I-918 is 11 pages long, which speaks volumes about the comprehensive nature of the U visa petition process. 

Besides the “standard” Form I-918, the applicant will also need Supplement B, which proves their helpfulness to relevant authorities. Of course, an authorized official has previously completed and signed this form. 

The final obligatory document is the victim’s personal statement describing the exact circumstances of the qualifying criminal activity.

At this point of the process, there is another official form the applicant might need. But they’ll only need it if they aren’t admissible to the U.S. for whatever reason. If this is the case, the applicant must submit Form I-192 – Application for Advance Permission to Enter as Nonimmigrant, thus requesting a waiver of inadmissibility. 

Step 2 – Evidence

The USCIS can only establish a candidate’s eligibility for the U visa if each of the eligibility requirements is supported by evidence. In other words, applicants must provide extensive evidence to prove the following:

1. The crime happened.
2. They experienced substantial physical or mental abuse or harm due to the crime.
3. They assisted the authorities in investigating or prosecuting the crime.

The last item is primarily proven by Form I-918b. As for the other items, they can be proven by a variety of evidence, including the following:

• News articles
• Trial transcripts
• Court documents
• Police reports
• Affidavits (from court officials, medical personnel, school officials, clergy, social service personnel, witnesses, acquaintances, family members, etc.)
• Orders of protection and related legal documents 
• Photos of visible injuries supported by affidavits
• Medical records detailing injuries and treatments

Step 3 – Filing

Depending on where the applicant resides, they can file the U visa documentation and supporting evidence with the USCIS Nebraska Service Center or Vermont Service Center. Either way, the application is sent in by mail.

This application must also include proof of filing fee payments. Form I-918 is free to file, but Form I-192 has a $930 filing fee. Applicants who are unable to pay this fee can request a waiver by filing Form I-912 (Request for Fee Waiver).

Step 4 – Biometrics Services Appointment 

Steps 1-3 will be the same for all U visa applicants. Steps 4-6 depend on their specific circumstances. What does this mean?

Well, the USCIS won’t require all applicants to appear for an interview or provide biometric data, such as fingerprints, photographs, and a signature. If such an appointment is necessary, the applicant will receive a written notice informing them about its location. 

The biometric data is used to verify the candidate’s identity, as well as conduct the necessary background and security checks. 

Step 5 – Bona Fide Determination Process

The USCIS typically takes years to fully process a U visa petition and make a decision on whether to accept or reject it. Until this decision comes, applicants are basically left unprotected. Or at least they were before the introduction of the bona fide determination process on June 14, 2021.

The bona fide determination is granted to petitioners whose applications are determined to be in good faith or “bona fide” applications.

All U visa applicants are automatically eligible for this process, which has the power to grant them specific citizenship benefits before receiving the U visa. These benefits also allow the applicant to further assist law enforcement agencies without worrying about deportation. 

The two primary benefits refer to work authorization and deferred action (delaying deportation).

Pro Se Pro is a company that specializes in helping UVisa applicants get their Bona Fide Determination and work permit in 60 days or less.  If you have your I-918 and I-765 numbers, you can join thousands of UVisa applicants who already received their BFD and EAD.

Step 6 – Work Authorization and the Waiting List

Although the bona fide determination is automatically granted, the work authorization isn’t. In other words, applicants will have to submit a form to receive this authorization, officially known as the Employment Authorization Document (EAD).

Applying for the EAD requires completing and filing Form I-765: Application for Employment Authorization. This form is arguably the most important document post-U visa application (and pre-Green Card application), as it allows victims to earn a living legally while waiting for a decision on their U visa petition.

Speaking of waiting, U visa candidates who don’t receive the bona fide determination can be placed on the previously mentioned waiting list. Even if this happens, they can still file Form-765, but it might take them longer to receive the EAD card. Under regular circumstances, this card will be issued only a week or two after the I-765 application gets approved. 

Are you a UVisa applicant who’s still waiting on your EAD?  Pro Se Pro has helped thousands of individuals receive their EAD and BFD in an average of 43 days.

After Applying: What to Expect

Petitioners who don’t receive a bona fide determination or a waiting list spot will receive one of the two following documents:

• Request for Evidence (RFE)
• Notice of Intent to Deny (NOID)

Suppose the USCIS officers determine there isn’t enough supporting evidence. In that case, they will issue a final notice of denial, effectively ending the U visa application process.

Applicants who are approved by the USCIS will eventually receive a U visa approval notice. As previously mentioned, this can take years, as the average waiting time for the U visa was roughly five years as of 2023. To make matters worse, this period only refers to the time from the application filing to the bona fide determination or a waiting list placement, not to actually receiving the U visa.

During this lengthy time, applicants can track the status of their petition on the USCIS’s website.

Adjusting Status to Lawful Permanent Resident

After finally receiving their visa, U visa holders can pursue the lawful permanent resident status in a few years. To do so, they must meet the following eligibility criteria:

• Maintain a continuous physical presence in the U.S. for at least three years after receiving the U visa.
• Avoid unreasonable refusals to provide assistance to law enforcement.
• Avoid inadmissibility under the Immigration and Nationality Act, Section 212(a)(3)(E).

If eligible, U visa holders can file Form I-485 (Application to Register Permanent Residence or Adjust Status) to officially apply for the Green Card. Like the U visa petition, this form comes with an extensive list of supporting documentation and evidence, which can be found in the Instructions for Application to Register Permanent Residence or Adjust Status.

After applying for the Green Card, the U visa holders will receive Form I-797C (Notice of Action), which they can use to extend their U nonimmigrant status. Why do they need this form? They need it because it takes USCIS up to two years to make a decision regarding the Green Card, which means the U visa might expire during the waiting period. After all, this visa is only issued for four years, and the Green Card application can only come after three of them.

Legal and Support Resources

Due to how intricate and complex the U visa application process is, errors are prone to happen. And in this case, these can be some pretty costly errors. That’s why U visa applicants are always advised to seek legal advice (or representation) when starting this lengthy process. 

Luckily, there are numerous non-profit organizations and immigration attorneys specializing in U visas that can help them acquire support and legal representation, especially in complex cases. Some of these organizations include the Immigrant Legal Resource Center (ILRC) and the National Immigrant Justice Center (NIJC).

United for Justice

Being faced with a process that can potentially last for years is enough to deter almost anyone from even trying. But given how important the U visa petition process is in bringing justice and protection to victims, giving up shouldn’t be an option. With thorough preparation and professional guidance, applicants will be able to navigate this process more effectively, minimizing the toll it takes on their emotional and mental well-being.