A non-citizen who has fallen victim to certain crimes may be eligible for a U visa, allowing them to live and work in the U.S. If you want to apply, you must meet the right requirements, and hiring an immigration professional can make things significantly easier for you.
Applying for a U visa can be life-changing for non-citizens who have been victims of qualifying crimes in the United States. It’s important to know the U visa requirements, what documentation you’ll need, how the U visa eligibility criteria work, and what the U visa process looks like. All of this is essential before you file.
In this article, we’ll walk you through who qualifies, the typical success rates, processing times, what documents you’ll need, and how to prepare for the U visa filing, so that your application is as strong as possible.
Who Is Eligible for the U Visa?
To qualify for a U nonimmigrant visa, there are several eligibility criteria that an applicant must meet. According to the USCIS, you may be eligible if:
- You are the victim of qualifying criminal activity, including:
- Domestic violence
- Sexual assault
- Human trafficking
- Kidnapping
- Felonious assault
- Other serious crimes
- You have suffered significant mental or physical abuse as a result of a crime.
- You possess information about the criminal activity, or (if under 16 or disabled) someone on your behalf does.
- You have been, are being, or are likely to be helpful to law enforcement in the investigation or prosecution of the crime.
- The crime took place in the U.S. (or violated U.S. law).
- You are admissible to the United States, or if not, you may need a waiver (for example, if there is a criminal record or other inadmissibility concern).
In addition, there are possibilities for qualifying family members to receive derivative U visas, depending on age and relationship.
What Is the Success Rate of the U Visa?
The U visa approval rate is generally high for applicants who meet all eligibility criteria and present complete, accurate documentation. USCIS data shows that the success rate for U visa applicants between 2016 and 2020 was 81.5%.
Legal representation is highly recommended. About 94% of applicants who work with attorneys receive U visas.
It’s important to bear in mind that the success of any one case depends heavily on various factors, such as:
- How fully the documentation supports the U visa application
- How helpful the applicant has been, or will be, to law enforcement
- Whether the crime clearly qualifies
- Whether there are any inadmissibility issues
- Whether the application is properly filed
Small errors or missing pieces can lead to delays or denials, making it even more crucial to work alongside experienced professionals.
How Long Does It Take to Get a U Visa?
The U visa process can be lengthy. There are some key timeframes to be aware of.
After filing Form I-918 (petition for U Nonimmigrant Status), there is often a long wait to reach what’s called a “waiting list.” This is because U visas are capped at 10,000 principal visas per fiscal year.
The Bona Fide Determination (BFD) process was introduced in June 2021. If the petition is found to be bona fide (properly filed and preliminarily meets certain criteria, including admissibility concerns), the petitioner may receive deferred action and employment authorization (a work permit) while waiting for final adjudication.
The wait for full adjudication (i.e., until you receive the U visa or final decision) is often several years. This can vary depending on aspects like:
- Workload
- Backlog
- How complete your application is
- Whether there are complications
While you might receive some relief (like work authorization) earlier via the BFD, the full U visa process takes a long time in many cases.
U Visa Documentation and Filing: What You Need Before You Apply
To prepare a strong U visa application and ensure you have everything necessary before filing for your U visa, consider the following checklist:
- Form I-918, Petition for U Nonimmigrant Status
- Form I-918, Supplement B (Certification of Helpfulness)
- Evidence of the crime
- Personal statement
- Proof of identity
- Waiver forms if needed (I-192)
- Documentation of helpfulness to law enforcement
- Form I-918, Supplement A
Also, ensure that your forms are properly filled out, deadlines are met, and additional evidence is organized. Errors or missing pieces can delay processing significantly.
Frequently Asked Questions
Can I get a work permit while waiting for my U visa decision?
Yes. If your application is found to be bona fide, you may receive a deferred action and an Employment Authorization Document (EAD) while waiting for the final decision. This will give you protection and the eligibility to work during the long wait.
Is there a guarantee that I’ll be approved if I meet all the criteria?
No. Meeting all eligibility criteria and submitting complete documentation are necessary but not always sufficient.
You may be denied if there is inadmissibility or if the evidence isn’t strong enough. Also, gaps in applications or weaker supporting documentation can make denial more likely.
How often does USCIS issue Requests for Evidence (RFEs) in U visa cases?
RFEs are fairly common in U visa cases, especially when documentation is missing or unclear. It’s best to organize all documents, have certifications completed, and (if possible) work with an immigration professional to avoid common mistakes.
Do You Meet the U Visa Requirements?
Applying for a U visa is a detailed and often lengthy process, but getting everything in order maximizes your chances of success. Knowing what to expect regardless of success rates, processing timelines, what paperwork is needed, and how the U visa process works before you file will help you prepare a stronger application.
If you meet the U visa requirements and are considering filing, obtaining expert legal advice can make a big difference.
Vanderwall Immigration is dedicated to helping clients throughout the Northwest. We work to provide exceptional immigration services at affordable prices and use fixed fees with flexible payment plans, making things easier for you.
Contact us now to get started.
