U Nonimmigrant Status (U Visa)
By Nimsy Garcia on Jan 4, 2022
Last updated on 27 Jul 2024
The U Visa is a form of immigration relief for victims of certain serious crimes who have suffered substantial physical or mental abuse and are willing to assist law enforcement in the investigation or prosecution of that crime. Because the process requires official law enforcement certification, complex evidence of harm, and careful navigation of a years-long backlog, this is a case that demands skilled legal representation from the very first step — long before the petition is ever filed.
To be eligible for U Visa, you must be:
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You are a victim (direct, indirect, or in some cases a bystander) of a qualifying criminal activity.
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You have suffered substantial physical or mental abuse as a result of that crime
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You possess specific, credible information about the criminal activity
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You have been, are being, or are likely to be helpful to law enforcement, prosecutors, judges, or other government authorities in the detection, investigation, prosecution, conviction, or sentencing of the crime
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You have obtained a properly completed and signed the law enforcement certification.
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You are admissible to the United States, or eligible for a waiver of inadmissibility
IMPORTANT. The U Visa process is one of the most procedurally demanding forms of immigration relief. There is an annual statutory cap of 10,000 principal U visas, and as of 2026 the backlog exceeds 250,000 pending petitions, with wait times currently running 4 to 5 years. Evidence packages that are incomplete at filing routinely trigger Requests for Evidence that add a year or more to an already long wait. Given the complexity, the stakes, and the years-long timeline involved, this is not a process to navigate without experienced legal guidance from the start.
The U Visa Process
Duration
Currently 4 to 5 years from filing to final adjudication, due to the annual cap and backlog. Click here for more information
Cost
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USD $ 0, there is no USCIS filing fee for Petition for U Nonimmigrant Status or Supplement A (for qualifying family members)
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USD $ 0, no fee for the initial bona fide determination Employment Authorization Document (EAD)
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Additional cost may apply if filing Application for Advance Permission to Enter as a Nonimmigrant.
Summary of Process
Confidential Case Evaluation
Biometrics Appointment
Secure Law Enforcement Certification
Bona Fide Determination
Build a Strong Evidence Package
Final Adjudication
File Form
U Visa Granted