U Visa for Crime Victims: Eligibility & 2026 Wait Times

A U visa, also called U nonimmigrant status, is a humanitarian visa designed for victims who experienced certain crimes and are helpful to law enforcement in investigating or prosecuting those crimes. For those who qualify, a U visa can provide a path to lawful immigration status, work authorization, and eventually a Green Card.

The application isn’t easy. It requires a lot of evidence and a law enforcement certification. There is also an annual cap on how many U visas can be issued, so wait times can be more than five years due to large backlogs.

U visas at a glance

• Who qualifies: Victims of certain crimes that occurred in the U.S. and resulted in substantial physical or mental abuse, even if the crime was only attempted and the victim did not go through it.
• How long it lasts: Up to four years, with limited extensions
• Visa benefits: Work authorization, federal benefits, and a pathway to a Green Card
• Annual cap: 10,000 U visas per year (family members don’t count toward the cap)
• How to apply: File Form I-918 with USCIS (no filing fee)

🧑‍⚖️ Clear guidance, without the legal jargon. This article is informed and reviewed by Manifest Law’s experienced immigration attorneys—and written to make the law make sense. Because you deserve to understand the system, not fight it. Read our editorial policy for more details.

What is the U visa?

The U visa is a humanitarian immigration option for certain crime victims, allowing them to live and work in the U.S. under temporary nonimmigrant status. U visas are valid for four years, but they also provide a potential path to permanent residence (a Green Card) after three years.

Why the U visa exists

Congress created the U nonimmigrant status in 2000 to both protect victims and encourage cooperation with law enforcement, so it’s safer to report crimes and assist investigations or prosecutions.

A U visa can protect people who:

• Have been victims of certain crimes or attempted crimes
• Suffered substantial physical or mental abuse because of the crime
• Have credible and reliable information about certain crimes and may face retaliation
• Have helped, are helping, or may be helpful to law enforcement as they investigate or prosecute those crimes

The law includes a certification requirement to confirm the visa applicant “has been helpful, is being helpful, or is likely to be helpful” to law enforcement.

Who qualifies for a U visa?

A person may qualify for U nonimmigrant status if they are a victim of certain crimes (listed below), suffered substantial abuse due to the crime, and are helpful to law enforcement in investigating or prosecuting that crime. The criminal activity must also have occurred in the U.S. or broken U.S. law.

Broadly, there are three types of eligible victims in U visa cases.

1. Direct victims: A person who suffered direct and proximate harm as a result of a qualifying criminal activity.
2. Certain indirect victims, such as family members: Certain family members may be treated as victims for U visa purposes, in limited situations. For example, when the direct victim is deceased due to murder or manslaughter, or is incompetent or incapacitated and unable to help, a family member may be able to qualify for U visas.
3. Victims of witness tampering, obstruction, or perjury: In some cases, a person harmed by witness tampering, obstruction of justice, or perjury may be treated as a victim for a U visa if the regulatory conditions are met.

Crimes that qualify individuals for a U visa

Only certain crimes may qualify a victim for a U visa:

• 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

This list is not exhaustive. Other related crimes can qualify if they include activities where the elements of the crime are substantially similar to something in the list above.

Attempted crimes, conspiracy to commit a crime, and solicitation to commit one of the crimes listed are also considered crimes that would qualify a victim for a U visa.

⚠️ Being a victim of a crime, even the crimes that qualify for a U visa, doesn’t automatically guarantee eligibility. You must meet other eligibility requirements.

U visa eligibility requirements

To qualify for U visa nonimmigrant status, you must show all five of the following:

1. You suffered substantial physical or mental abuse as a result of the crime.
2. You have credible and reliable information about the crime.
3. You have helped, are helping, or are likely to help a certifying agency in the investigation or prosecution of the crime.
4. The crime occurred in the United States.
5. You are otherwise eligible for entry to the U.S. (admissibility) or qualify for a waiver of inadmissibility.

There are special rules for applicants under age 16 or victims who can’t provide details due to a disability. In those instances, a parent, guardian, or close friend may provide information to law enforcement on the victim’s behalf.

Law enforcement certification requirements for U visas

One key and unique part of a U visa petition is certification from law enforcement, using Form I-918 Supplement B.

The form is used to verify that you, the petitioner, are a victim of a qualifying crime and are cooperating with law enforcement in an investigation or prosecution. It includes details about the victim, the criminal activity, and how the victim is assisting the agency.

A certifying official—such as a police officer, judge, prosecutor, or other authority in federal, state, or local law enforcement—can complete and sign a Form I-918 to be filed along with the full U visa petition package. 

Form I-918 Supplement B is required for a U visa. However, the completed Supplement B is only valid for six months. If the underlying petition is not filed within that time frame, a new Supplement B will need to be completed.

Qualifying family members as U visa derivatives

The primary applicant can receive U-1 nonimmigrant status, and certain family members may qualify as derivative applicants depending on the age of the U-1 visa holder.

• If the primary applicant is over 21: They may submit petitions for U nonimmigrant status for their spouse (U-2 visa) and unmarried children under age 21 (U-3 visa).
• If the primary applicant is under 21: They may submit petitions for their spouse, unmarried children under age 21, parents (U-4 visa), and unmarried siblings who are under 18 years old (U-5 visa).

How to apply for a U visa

There are several steps to petition U.S. Citizenship and Immigration Services (USCIS) for a U visa:

1. Gather evidence for your case
2. Obtain law enforcement certification
3. Prepare and file Form I-918
4. File petitions for family members, if any
5. Get an inadmissibility waiver, if needed
6. Complete biometrics (fingerprints), background checks, and USCIS review
7. If outside the U.S., complete consular processing

After three years in U status, you may be eligible to apply for lawful permanent resident status to obtain a Green Card.

Step 1: Gather evidence for your case

A U visa filing includes more than just the USCIS forms. Typical evidence may include:

• Police reports or incident reports
• Court records, if any
• Medical or mental health records (can be helpful to have), if relevant
• Photos or physical evidence, if relevant
• Sworn declaration or personal statement
• Proof of your identity
• Proof of relationship for any derivative beneficiaries
• Documents showing you’ve cooperated and been helpful to law enforcement

💡 Manifest tip: For visa petitions with a lot of evidence, a narrative should connect the dots so that the officer reviewing the application can clearly see how each document or record is proof of eligibility.

Step 2: Obtain law enforcement certification

The U visa petition requires a properly completed Form I-918 Supplement B signed by a certifying official. This is required as initial evidence and must be signed within the six months before it is submitted with the full petition package.

(There are more details about law enforcement certification later in this article because it’s one of the most important parts of a U visa case.)

Step 3: Prepare and file Form I-918

At this stage, a petitioner completes Form I-918, the principal U visa petition, and prepares the package of required evidence to submit with the form.

Required evidence includes:

• A Form I-918 Supplement B law enforcement certification
• Proof that you’re the victim of a qualifying crime, such as news articles, court documents, affidavits, or police reports
• Evidence that you’ve suffered substantial physical or mental abuse as a result of the crime, such as photos of injuries or affidavits from social workers, clergy, family members, or other witnesses
• Proof that you have credible information about the qualifying criminal activity— Supplement B could satisfy this, but you may submit additional evidence
• Proof of your helpfulness to law enforcement—Supplement B could satisfy this, but you may submit additional proof
• Evidence that the crime qualifies, violated U.S. law, or occurred in the U.S.—Supplement B could cover this, but you may submit additional evidence
• A personal narrative statement about the crime
• A waiver of grounds of inadmissibility, if needed

Step 4: File petitions for family members

If there are family members who qualify for derivative U visas, you may file a separate Form I-918 Supplement A for each person. This can be filed with the principal petition, or it may be done later.

Step 5: Get an inadmissibility waiver, if needed

If you believe you may be deemed inadmissible to the United States—like if you’ve committed certain crimes—you may need a waiver. This is handled through Form I-192, Application for Advance Permission to Enter as a Nonimmigrant. This is a different form from the standard waiver of inadmissibility, so be sure to include the correct form if you need a waiver.

Step 6: Complete biometrics, background checks, and USCIS review

USCIS will conduct background and security checks as part of processing your petition. It may require you to submit biometrics, such as fingerprints, before deciding on your case.

Step 7: If outside the U.S., complete consular visa processing

If USCIS approves your petition and a visa is available, you will go through consular processing if you are living outside the U.S. Consular processing includes filing a DS-160 application for a nonimmigrant visa and completing an interview at a U.S. consulate or embassy.

Apply for a Green Card, if eligible

After three years in U status, some U visa holders may be eligible to apply for a Green Card, meaning they become a lawful permanent resident of the U.S.

In general, to qualify for a Green Card, you must:

• Live in the U.S. for three years, maintaining a continuous presence.
• Continue helping law enforcement, if needed.
• Be admissible for residence or qualify for a waiver.
• Show there’s a good reason for you to stay, such as humanitarian concerns, family unity, or public interest.
• Show that you deserve “discretionary approval” (subjective approval by an officer, including factors like good moral character).

After five years as a permanent resident, you’re eligible to apply for citizenship.

U visa processing times and costs

U visa timelines can take two to five years due to a large number of filings, USCIS backlogs, and an annual limit of just 10,000 U visas per fiscal year. Note that derivative petitions (for family members of the U-1 visa applicant) don’t count against the annual cap.

USCIS added a step called bona fide determination (BFD) to its initial review of pending petitions, in an effort to address the long wait times for a decision.

What is a bona fide determination?

USCIS introduced the BFD process in 2021 to review pending U visa petitions earlier in the process. If USCIS finds a petition bona fide, it may, in its discretion, grant deferred action and employment authorization while the case remains pending a final determination.

With BFD, USCIS looks for whether:

• A U visa petition is complete
• The petitioner passes background checks
• The petitioner doesn’t pose a risk to national security

A favorable bona fide determination can allow a petitioner to work and remain in the U.S. while their application is being processed, but it is not the final adjudication. A final determination from USCIS and visa availability due to the annual cap still factor into how long it takes to get a U visa.

U visa processing time

Stage	What Happens	Average Timing
BFD review	USCIS receives a petition for BFD review or adds it to the waiting list	About 40 months (3.3 years)
Final adjudication	Petition moves from BFD or the wait list to final adjudication	About 32 months (2.5 years)

U visa costs

There is no cost to file Form I-918 for a U visa, as of February 2026. Applicants may incur costs for document translations, medical records, or attorney fees.

Is there a limit on U visas each year?

Yes. Federal law sets a limit on the number of U visas that may be granted each fiscal year. The annual cap is 10,000 visas for principal U-1 applicants. That total does not apply to qualifying family members.

USCIS receives more qualifying cases than the annual cap allows, so there is a backlog and a waitlist system. According to the latest USCIS data (Q3 of Fiscal Year 2025), there were 415,881 pending U visa applications, including family members of principal applicants.

Eligible petitioners who cannot be granted U-1 status solely because of the cap are placed on a waiting list. USCIS prioritizes the waitlist by filing date and processes the oldest filings first.

USCIS also publicly posts cap alerts. For example, when the U visa limit was reached in FY 2025, the agency published an alert and said it would resume review of U visas in FY 2026, starting with petitions filed on or before April 30, 2017.

U visa approval rates

In FY 2025, USCIS received 33,647 U visa petitions, approving 10,001 and denying 3,654, according to a January 2026 report. Due to a database anomaly, one additional visa was approved over the cap.

In the same time period, the agency also granted BFD for 57,927 primary U visa petitions.

Work with a trusted attorney to get your U visa

U visa cases are both very personal and legally complex. A strong case is not just about filing forms. It needs to include a well-documented record demonstrating eligibility.

If you’re exploring a U visa, the immigration lawyers at Manifest Law can help you understand your options, assess your eligibility, and build a strategy for the strongest possible filing. Request a consultation with one of our attorneys to get guidance tailored to your case and your safety needs as the victim of a crime.

U visa FAQs

Who Can Certify Supplement B of Form I-918 for a U Visa?

Supplement B of Form I-918, also known as the Law Enforcement Certification, must be signed by an authorized official from a federal, state, local, tribal, or territorial law enforcement agency, prosecutor’s office, judge, or any other authority responsible for the detection, investigation, prosecution, conviction, sentencing, or detention related to the qualifying criminal activity. This means certification may come from police departments, detectives, prosecutors, assistant district attorneys, judges (including family court judges), Child Protective Services (CPS), or other investigative agencies with criminal enforcement authority. Many people are surprised to learn that even a family court judge can sign Supplement B when the case involves conduct connected to a qualifying crime, such as domestic violence or child abuse.

How long does it take to get a Green Card with a U visa?

Usually, it takes at least three years after you are granted U status before you can apply for a Green Card, plus years until your Green Card is issued. The total timeline is often much longer because many applicants wait years for U visa adjudication due to the annual cap and backlog.

Is it difficult to get a U visa?

It can be difficult to get a U visa. Even strong cases may take years due to the required detailed evidence, law enforcement certification, and proof of harm. Long processing and wait times for an available visa make it difficult to get U nonimmigrant status.

What is the difference between U and T visas?

Both the U visa and the T visa are humanitarian visas, but they are for different situations and have separate eligibility requirements.

• U visa: Victims of certain qualifying crimes who are helpful to law enforcement
• T visa: Victims of human trafficking, including labor and sex trafficking

This is also the related category of VAWA immigration for certain survivors of abuse by a relative who is a U.S. citizen or Green Card holder.

What if I have a criminal record or prior deportation?

A criminal record or prior deportation does not automatically mean you are ineligible for a U visa, but it can create complications. You may need a detailed admissibility analysis or even a waiver, often Form I-192, of inadmissibility.

This is one of the clearest situations where you would want to seek legal guidance from a qualified, experienced immigration attorney.