The U-visa is for crime victims who have been, are being, or are likely to be helpful to law enforcement. Congress created it in 2000 under Immigration and Nationality Act (INA) 101(a)(15)(U).
Every principal petition needs a Form I-918 Supplement B signed by the agency that handled the case. While petitions wait for the 10,000-per-year cap, USCIS may, in its discretion, grant a work permit and deferred action to petitioners whose petitions are bona fide (a process called the Bona Fide Determination). Approved petitioners generally get up to four years of U status and may later be able to apply for a green card.
If you were the victim of a crime in the United States and you are not yet a citizen or permanent resident, the U-visa may be an immigration option you have not heard of. Congress created it to help police and prosecutors investigate crimes against immigrants while protecting the victims who help them.
This guide is written for people thinking about applying, not for lawyers. Plain language, real answers. If you want to skip ahead, you can read about a U-visa psychological evaluation, browse the technical evaluation guide for attorneys. For a side-by-side look at the U-visa next to other forms of immigration relief, see our comparison guide.
In This Guide
- What is a U-visa?
- Am I eligible? The five things you need
- What crimes qualify
- Direct victim, bystander, or indirect victim?
- What is Form I-918 Supplement B?
- The step-by-step process
- What to gather before your evaluation (full checklist)
- Timeline reality, be honest
- Where the psychological evaluation fits
- What if I have other immigration issues?
- Frequently asked questions
- Ask whether an evaluation fits your case
What is a U-visa?
The U-visa is a temporary legal status for crime victims who help law enforcement. It gives an initial period of up to four years of status (family members' periods follow the principal's), a work permit, and the ability to apply for a green card after at least three years of continuous physical presence in U status, if other requirements are met.
Congress passed it as part of the Victims of Trafficking and Violence Protection Act of 2000 (Public Law 106-386), the same law that created the T-visa for trafficking survivors and expanded the Violence Against Women Act (VAWA). The statute lives at 8 U.S.C. 1101(a)(15)(U) and the regulations at 8 CFR 214.14.
Federal law allows up to 10,000 principal U-visas per fiscal year. Family members who qualify as derivatives can apply with the principal or later and are not counted against the cap. Because applications exceed the cap every year, United States Citizenship and Immigration Services (USCIS) created the Bona Fide Determination process: when a petition is complete and properly filed and the background checks are done, USCIS may, in its discretion, grant a work permit and deferred action (protection from removal) while the petition waits. These are not guaranteed, and USCIS can decline, decline to renew or revoke them. The agency's adjudication standards live in the USCIS Policy Manual, Volume 3, Part C.
Am I eligible? The five things you need
A U-visa petition has five main requirements, set by the U-visa statute at INA 101(a)(15)(U), the implementing regulations at 8 CFR 214.14, and the USCIS Policy Manual, Volume 3, Part C, Chapter 2. Your attorney assesses how each one applies to you. The first four come straight from the statute. The fifth, admissibility, is the same inadmissibility framework that applies to almost every immigration benefit, paired with a broad waiver for U-visa applicants.
You were a victim of a qualifying crime that violated US law
The crime has to be on the list Congress wrote into the U-visa statute (we cover the list in the next section). General assault, burglary, theft, or property damage do not qualify on their own unless they fall inside one of the listed categories. Close calls happen: if your crime is named differently in state law but the elements match a listed one, USCIS treats it as "substantially similar" under 8 CFR 214.14(a)(9).
The crime generally has to have happened in the United States, including its territories and possessions. A crime abroad can also count if it violated a U.S. federal law that can be prosecuted in a U.S. federal court for conduct outside the country (8 CFR 214.14(b)(4)).
You suffered substantial physical or mental harm
The harm cannot be trivial. Under 8 CFR 214.14(b)(1), USCIS weighs factors including the nature of the injury, the severity of the abuser's conduct, the severity of the harm, the duration of the infliction of the harm, and whether there was any permanent or serious harm. A psychological evaluation can document the mental harm with clinical findings, alongside your own statement and any medical or police records.
You possess information about the crime
You need to actually know something useful about what happened. A child too young to remember anything cannot meet this on their own. If you were under 16 when the crime began, or you are incapacitated or incompetent, a parent, guardian or next friend can provide the information for you (8 CFR 214.14(b)(2)).
You have been, are being, or are likely to be helpful to law enforcement
You have to cooperate with the agency investigating or prosecuting the crime. The case does not have to end in a conviction. You must not refuse or fail to give information and help that is reasonably requested (8 CFR 214.14(b)(3)); if a request seems unreasonable, talk to your attorney. Form I-918 Supplement B (covered below) is what certifies the cooperation.
If you were under 16 when the crime began, or you are incapacitated or incompetent, a parent, guardian, or next friend can do it for you under 8 USC 1101(a)(15)(U)(i)(III) and 8 CFR 214.14(b)(3).
You are admissible to the United States, or you obtain a waiver of inadmissibility (Form I-192)
Admissibility is the catch-all gate for almost every US immigration benefit. Common bars include prior unlawful presence, prior deportations, false claims to US citizenship, fraud, and certain criminal convictions.
The good news: the U-visa has a broad waiver. Form I-192 (Application for Advance Permission to Enter as a Nonimmigrant) can forgive almost any inadmissibility ground at USCIS's discretion under INA 212(d)(14). The only grounds the agency cannot waive are Nazi persecution, genocide, torture, and extrajudicial killing (INA 212(a)(3)(E)). Violent or dangerous crimes need a stronger showing under 8 CFR 212.17(b)(2). See the waiver section below for the full picture.
What crimes qualify
The U-visa covers a list of serious crimes set by federal law. The categories range from domestic violence and assault to trafficking, kidnapping, and witness tampering. "Substantially similar" activity also counts, even if the exact name of your offense is different.
The complete statutory list of qualifying crimes is published on the USCIS U-Nonimmigrant Status page. If you are unsure whether your situation fits, the easiest first step is to write to us and describe what happened; Dr. Mantonya replies with next steps. (Whether a crime legally qualifies is ultimately your attorney's call, not ours.)
"Substantially similar" crimes
A crime that is not named on this list can still count when it is substantially similar to a listed crime. An attorney compares the specific offense with the list.
Direct victim, bystander, or indirect victim?
Federal regulations recognize three pathways to being a "victim" for U-visa purposes under 8 CFR 214.14(a)(14). Which one fits you matters because the rules and the expected evidence are different. Many cases qualify under more than one.
Direct victims are people the crime was committed against. If you were the target of the perpetrator's conduct, you are a direct victim.
Bystander victims are people who witnessed the crime and were harmed by being there. The harm has to be "unusually direct," not the secondary distress anyone might feel from hearing about a crime. USCIS gave one example when it wrote the rule: a pregnant bystander who witnesses a violent crime and is so frightened that she suffers a miscarriage. USCIS decides these case by case.
Indirect victims are family members who can apply when the direct victim cannot. This applies when the direct victim was killed by murder or manslaughter, or is incompetent or incapacitated and cannot provide information or help.
The relationship rules depend on the direct victim's age at the time of the crime. If the direct victim was under 21, an indirect victim can be a spouse, a child under 21, a parent, or an unmarried sibling under 18. If the direct victim was 21 or older, only the spouse and children under 21 qualify.
If the direct victim is alive and able to help, you generally cannot file as an indirect victim; USCIS can treat a young child victim as incapacitated because of age, and your attorney can tell you whether that applies. Family members of a petitioner apply as derivatives through Form I-918 Supplement A, a different path with different rules; an attorney can explain whether it applies.
What is Form I-918 Supplement B and why does it matter?
Form I-918 Supplement B is the law enforcement certification that USCIS requires for every principal U-visa petition. It is a separate form signed by a certifying official of the agency that handled the crime (the head of a police department, sheriff's office, prosecutor's office or other certifying agency, or a supervisor the head has designated) or by a judge (8 CFR 214.14(a)(3)). Without a signed Supplement B, your application cannot move forward. It is required under 8 CFR 214.14(c)(2)(i), which also says the certifying official's signature must be dated within the six months before you file Form I-918. There is no waiver, no workaround, no exception.
On the form, the certifying agency certifies facts about the criminal activity, the information the victim has about it, and the victim's helpfulness, and confirms its own authority to certify. It does not decide whether USCIS will grant U status.
Different states handle Supplement B requests differently. California's Assembly Bill 1261 sets deadlines for certifying agencies to respond to a request, shorter when the petitioner is in removal proceedings. If one agency refuses, you can try another with jurisdiction over the crime. The Department of Labor and the Equal Employment Opportunity Commission can also sign certifications for workplace-based crimes.
If you cannot get Supplement B signed
A signed Supplement B is required for USCIS approval. If every agency with jurisdiction refuses, there are alternative paths worth exploring. You or your attorney can think about whether other forms of relief might fit your situation, such as a VAWA self-petition (no certification needed) or asylum.
The step-by-step process
The U-visa process takes seven main steps, spread over many years from start to finish. Most of that time is waiting. Careful preparation before filing matters, because the record you file is what USCIS reviews years later. Below is the full path. We list each step in order, with what happens, how long it usually takes, and what you can do to keep things moving.
- Talk to an immigration attorney if possible. Before filing, find a lawyer or a nonprofit legal aid organization that handles U-visas. Many offer free or low-cost help. A lawyer can help you understand the requirements and prepare the case. If money is tight, the Department of Justice's EOIR keeps a List of Pro Bono Legal Service Providers.
- Get the I-918 Supplement B signed by law enforcement. Take the form to the agency that handled the crime: police department, sheriff's office, prosecutor, judge, or another qualifying agency. Ask them to sign certifying the qualifying crime and your cooperation. Agencies have discretion on whether to sign, so this step alone can take weeks or months and sometimes requires going to a second agency. The FAQ at the bottom of this page covers what to do if every agency refuses.
- If you and your attorney want one, get a psychological evaluation documenting the harm. It is optional evidence, not a required step. Start by writing to us in your own words, in any language. If the case is a fit, you get a private intake link with the reply. Dr. Mantonya reads every inquiry personally and replies with next steps. After you book and pay, your private page has a history form and short questionnaires to complete before the session. The evaluation itself is usually one video session, with a second session only when clinically needed. Your written forensic report is delivered shortly after the last session. It documents your symptoms and any diagnoses in terms of the factors USCIS considers for substantial abuse (8 CFR 214.14(b)(1)), and you or your attorney can file it as evidence.
- File Form I-918 with USCIS. You or your immigration attorney files Form I-918 along with the signed Supplement B, your personal declaration, supporting evidence (medical records, police reports, photos, witness affidavits, the psychological evaluation), and Form I-192 if a waiver of inadmissibility is needed. There is no USCIS filing fee for the main I-918 petition itself.
- Wait for the Bona Fide Determination. USCIS checks that the petition is complete and properly filed and runs background checks. If the petition is bona fide, USCIS decides, in its discretion, whether to grant a Bona Fide Determination (BFD) Employment Authorization Document (EAD) and deferred action (protection from removal), valid for four years. Petitioners who do not receive one are reviewed for the waiting list instead, which can also bring a work permit and deferred action.
- Wait for final U-visa approval. After the BFD, the petition keeps waiting for a U-visa number. USCIS generally decides petitions in the order they were filed. BFD benefits last for their validity period; renewals are reviewed again, and USCIS can revoke them if new information comes up or the Supplement B is withdrawn (USCIS Policy Manual, Vol. 3, Part C, Ch. 5).
- Apply for adjustment of status to permanent resident. After three years of continuous physical presence in approved U status, you may be able to file Form I-485 to adjust to lawful permanent resident (LPR), meaning a green card, if you meet the other requirements (8 CFR 245.24). The U-visa was designed by Congress as a path to permanent status, not a dead end.
What to gather before your evaluation (full checklist)
A U-visa case is built on evidence. USCIS decides on the record you file, so relevant, specific evidence matters. The more we can put in front of Dr. Mantonya before the interview, the more Dr. Mantonya has to draw on in the evaluation.
Below is a checklist organized by type. Don't worry if you don't have everything. Bring what you have. Your own written declaration is one piece you can start on today, no records needed.
About the crime itself
- Form I-918 Supplement B (signed or in process)
- Police reports, incident reports, and case numbers
- 911 call recordings or call transcripts if available
- Names and contact information of the responding officers or detectives
- Names of any prosecutors or victim advocates working on the case
- Photos of injuries (yours or anyone harmed in the same incident)
- Photos of property damage if relevant
- Photos or descriptions of the crime scene if you have them
- Newspaper articles or media coverage of the crime, if any
Court documents
- Restraining orders (temporary, emergency, or permanent)
- Protective orders or no-contact orders
- Criminal complaint, indictment, or charging documents
- Court minute orders showing hearings, continuances, or rulings
- Conviction records, plea agreements, or sentencing documents
- Probation or parole conditions imposed on the perpetrator
- Any civil court filings related to the crime (divorce, custody, civil damages)
Medical and hospital records
- Emergency room visit records from the time of the crime
- Hospital admission and discharge records
- Records from any sexual assault forensic exam (SANE / SART)
- X-rays, CT scans, MRI reports, or other imaging
- Records of any surgery or treatment connected to injuries
- Prescription records for medications connected to the crime
- Records of dental injuries or treatment if applicable
- Records of any follow-up specialist care (neurology, orthopedics, etc.)
Mental health and therapy records
- Records from any therapist, psychologist, or counselor you've seen
- Psychiatric evaluation reports or treatment summaries
- Prescription records for anxiety, depression, sleep, or other medications
- Hospitalization records for mental health treatment
- Records from any domestic violence shelter, victim services agency, or crisis center
- Records of substance use treatment, if relevant
- Records from school counselors (yours or your children's) if relevant
Your personal declaration
- Write what happened in chronological order, as best you can
- Include where, when, and who was involved
- Describe how you felt at the time and how you feel now
- Describe how the crime has affected your sleep, your work, your relationships, your daily life
- Include details of any medical or mental health care you sought
- Describe any reporting to law enforcement and any cooperation you have given
- Write in your strongest language; we can have it translated later
Witness statements
- Friends, family members, or coworkers who can describe how you changed after the crime
- Anyone who witnessed any part of the abuse, the crime, or its aftermath
- Religious leaders, community leaders, or mentors who know your story
- Teachers, school staff, or supervisors who noticed changes in you or your children
- Each statement should describe what the witness personally observed, not legal conclusions
- Statements should be signed and dated; a statement signed under penalty of perjury under 28 U.S.C. 1746 does not need a notary
Communication evidence
- Text messages from the perpetrator (screenshots with dates visible)
- Emails from the perpetrator
- Voicemails (saved on your phone or backed up)
- Social media messages or posts (screenshots)
- Letters or cards from the perpetrator
- Any threats, apologies, admissions, or other communications that show the pattern
Daily life impact records
- Pay stubs showing income loss, time off, or job changes after the crime
- Termination letters or write-ups, if work was affected
- School records showing dropping grades, attendance issues, or transfers
- Lease or moving documents if you had to relocate for safety
- Records of childcare changes, if children were impacted
- Records of any disability or medical leave you had to take
- Photographs of changes to your home (new locks, security systems, etc.)
Immigration documents
- Passport (current and expired)
- Birth certificate
- Any prior US visa, parole document, or immigration paperwork
- I-94 Arrival/Departure records if available
- Marriage certificate (if applying with a spouse or for a derivative)
- Children's birth certificates (if including derivatives)
- Records of any prior immigration applications, denials, deportations, or removals
- Records of any criminal charges, arrests, or convictions (US or abroad)
Translation needs
- Identify which documents are in a language other than English
- Plan for certified English translations (USCIS requires a certification statement from the translator)
- The translator certifies that the translation is complete and accurate and that they are competent to translate (8 CFR 103.2(b)(3))
- For the psychological evaluation itself, Dr. Mantonya works with professional medical interpreters; you do not need to translate the conversation
Don't have everything? That is okay.
Bring what you have. Your declaration in your own words is one piece you can write today.
What the timeline looks like
The U-visa process takes time. USCIS reviews cases roughly in filing order, and the annual cap of 10,000 principal visas creates a queue. Through the Bona Fide Determination, USCIS may give a work permit and deferred action while a petition waits for a final visa number. The bona fide determination stage takes years; check current USCIS processing times.
The timeline has two parts. First, the wait for a Bona Fide Determination; current waits are on USCIS processing times. If USCIS grants it, the petitioner receives a work permit and deferred action (protection from deportation), at USCIS's discretion. Second, the wait for a visa number under the annual cap. After three years of continuous presence in U status, a person may be able to apply for a green card.
The queue position depends on when the petition is filed, so the wait starts only once you file; when to file is something to decide with your attorney. Filing your evidence up front puts it in the file from the start; a Request for Evidence (RFE) from USCIS adds time.
Where the psychological evaluation fits
The psychological evaluation documents the mental harm you suffered. That documentation can support the substantial-harm part of the petition. Dr. Mantonya meets with you by video, usually in one session; if you are more comfortable in another language, a professional interpreter joins. She uses validated clinical tools and writes a forensic report describing the clinical findings that bear on the factors USCIS considers.
The report goes to you (and your attorney, if you have one) shortly after the last session. From there, you decide how to file it. Reasonable revisions within the scope of the evaluation are included at no extra charge.
For pricing across every evaluation type, see our pricing page. For a deeper technical walkthrough of the U-visa evaluation, our attorney-focused guide is worth a read.
What if I have other immigration issues (criminal record, prior deportation, etc.)?
Most other immigration issues are waivable for U-visa applicants through Form I-192. The U-visa waiver under INA 212(d)(14) is broad. It can forgive prior unlawful presence, prior deportations, false claims to US citizenship, fraud, certain criminal convictions, and almost every other inadmissibility ground.
The waiver decision is discretionary. USCIS weighs the seriousness of the issue against your equities: how long you have lived in the US, family ties, rehabilitation, the substantial harm you suffered. Violent or dangerous crimes need "extraordinary circumstances" under 8 CFR 212.17(b)(2). USCIS does not currently charge a filing fee for a Form I-192 filed with a U-visa petition (8 CFR 106.3(b)(5)); fees change, so check the current USCIS fee schedule.
This is the part of the case we recommend not doing alone. If you have any criminal record, prior immigration violations, or border issues, get a lawyer before you file anything. Many legal aid organizations handle U-visa cases at no cost.
Frequently asked questions
Can Immigration and Customs Enforcement (ICE) find me if I file for a U-visa?
Federal law at 8 U.S.C. 1367 limits who can see information about a U-visa petition: Department of Homeland Security (DHS) staff generally may not disclose it to anyone outside the agencies, with listed exceptions. The same law bars DHS from deciding that a person can be deported based only on information that came from the person who committed the crime, except in cases involving certain criminal convictions. It does not stop DHS from using what is in the petition itself, and USCIS has recently read the protection more narrowly (USCIS policy alert). An immigration attorney or a legal aid clinic can explain what this means in your situation before you file.
Do I need an attorney to file for a U-visa?
No, attorneys are not legally required. Self-represented applicants are welcome. That said, the U-visa has technical requirements where a lawyer can be very helpful. Many applicants work with a nonprofit legal aid organization or a private attorney. If cost is the barrier, the Department of Justice Executive Office for Immigration Review (EOIR) keeps a List of Pro Bono Legal Service Providers. Self-represented applicants are welcome at our practice.
What if law enforcement refused to sign my Supplement B?
You can ask another agency that has jurisdiction over the crime: a different police department, the prosecutor or district attorney, a judge, child protective services, the Equal Employment Opportunity Commission, the Department of Labor, or the Federal Bureau of Investigation. In California, the law sets deadlines for agencies to process a certification request, shorter if you are in removal proceedings (California Penal Code 679.10). If every agency refuses, the petition cannot move forward because the signed Supplement B is a federal statutory requirement.
What if I never reported the crime to police?
Reporting late or not yet reporting does not automatically disqualify you. The U-visa requires that you have been, are being, or are likely to be helpful. You can still cooperate now by reporting the crime, talking with a detective, or providing information. WomensLaw.org has a helpful overview of the helpfulness standard. Older cases are still possible, even when years have passed. Talk to an attorney before contacting law enforcement so you understand how the encounter will be documented.
Can my family come with me on a U-visa?
Yes. Certain relatives can apply as derivative beneficiaries on Form I-918 Supplement A. Who may be eligible depends on your age when your own petition was filed: if you were 21 or older then, your spouse and unmarried children under 21; if you were under 21, also your parents and unmarried siblings under 18. Other requirements apply, and your attorney can confirm. Derivatives may also receive work permits through the Bona Fide Determination, at USCIS's discretion, and may later be able to apply for a green card.
What if I am already in deportation or removal proceedings?
You can still apply for a U-visa even while in removal proceedings. Whether the immigration judge pauses the case while USCIS reviews the petition (for example through a continuance or administrative closure) is the judge's decision under current rules; your attorney can tell you what applies to your case.
How much does the whole U-visa process cost?
USCIS does not currently charge a filing fee for Form I-918, or for a Form I-192 waiver filed with it (8 CFR 106.3(b)(5); check the current USCIS fee schedule). Costs you may still have include document translations and mailing. Attorney fees vary widely. Many immigrant legal-aid organizations help at no cost. For the psychological evaluation, see our pricing page.
What if the crime happened many years ago?
There is no strict time limit on when the qualifying crime occurred. Older cases are harder to document because witnesses move, agencies lose records, and the law enforcement officer who investigated may have retired. In older cases, a psychological evaluation can document whether symptoms continue today.
Can I work in the United States while I wait for my U-visa?
Often, though it is not automatic. If your petition is bona fide, USCIS may, in its discretion, grant a Bona Fide Determination Employment Authorization Document (EAD) along with deferred action, and petitioners placed on the waiting list can also receive one. Some applicants in removal proceedings or with pending applications under other programs may already have work authorization from those other paths.
Will the psychological evaluation be in English?
You can speak the language you are most comfortable in: a professional interpreter is available by video for almost any language. The written report is in English, because documents filed with USCIS in another language need a certified English translation.
Is Dr. Mantonya an attorney?
No. Dr. Mantonya is a licensed clinical psychologist (California License PSY28494), not an attorney. We do not give legal advice, fill out immigration forms, file petitions, or represent you before USCIS. The psychological evaluation is a clinical assessment used as evidence in your immigration case. If you have an immigration attorney, they handle the legal work and decide how the evaluation fits into your petition. If you are self-represented, you make those decisions yourself.
Does the evaluation guarantee my U-visa will be approved?
No clinical evaluation can guarantee a USCIS outcome. The decision rests with USCIS adjudicators. A well-documented evaluation describes symptoms and functioning that relate to the five factors USCIS considers for substantial harm; the decision is USCIS's, and outcomes depend on many factors.
Ask whether an evaluation fits your case
Write to us and tell us what happened, in your own words and in any language; we translate on our side. Dr. Mantonya reviews every inquiry personally and replies with next steps. We do not share your file with immigration enforcement without your authorization, unless the law requires it (for example, a court order). If the case is a fit, you receive a private intake link, and nothing costs anything until you decide to book.
Contact usImportant disclaimer
This page is educational only. Not legal advice. Not psychological or clinical advice. U-visa law is complex and your situation may have rules not covered here. Talk to an immigration attorney before filing anything. If you cannot afford one, the Department of Justice's EOIR keeps a List of Pro Bono Legal Service Providers. Reading this page does not create an attorney-client, psychologist-client, or therapeutic relationship.