Immigration Resources
U Visa for Crime Victims in 2026: Eligibility, Certification & Timeline
The U nonimmigrant visa (U visa), created under INA § 101(a)(15)(U), lets victims of certain serious crimes who suffered substantial physical or mental abuse and who assisted, are assisting, or are likely to assist law enforcement obtain temporary legal status and work authorization in the United States. A qualifying crime, a signed law enforcement certification (Form I-918B), and a properly documented Form I-918 petition are the core building blocks — followed, for most petitioners, by a multi-year wait due to the statutory 10,000 annual cap before eventual eligibility for a green card.
What Is the U Visa?
Congress created the U nonimmigrant classification as part of the Victims of Trafficking and Violence Protection Act of 2000. The goal was to encourage crime victims — regardless of immigration status — to report crimes and cooperate with police and prosecutors without fear that doing so would expose them to removal. The visa is codified at INA § 101(a)(15)(U), with the annual numerical limit set out at INA § 214(p)(2).
In practice, the U visa serves two purposes at once: it protects victims who might otherwise stay silent out of fear, and it gives law enforcement agencies a tool to secure victim and witness cooperation in investigations and prosecutions of serious crimes — including domestic violence, sexual assault, and other violent offenses that disproportionately affect immigrant communities.
U Visa vs. VAWA Self-Petition
The U visa is not limited to domestic violence and does not require a qualifying relationship to a U.S. citizen or lawful permanent resident abuser. If your case specifically involves abuse by a U.S. citizen or LPR spouse, parent, or child, you may also want to review our guide to the VAWA self-petition, which follows a different process with different confidentiality protections and no annual cap.
Qualifying Crimes
Congress listed roughly two dozen categories of qualifying criminal activity in the statute. The crime must have occurred in the United States or violated U.S. law, and it (or an attempt, conspiracy, or solicitation to commit it) must fall within one of the enumerated categories, which include:
- •Domestic violence & felonious assault
- •Rape, sexual assault & abusive sexual contact
- •Trafficking & involuntary servitude
- •Kidnapping, abduction & false imprisonment
- •Stalking & witness tampering
- •Extortion & blackmail
- •Manslaughter & murder
- •Prostitution & sexual exploitation
- •Obstruction of justice & perjury
- •Fraud in foreign labor contracting
This list is not exhaustive, and the exact statutory language matters more than the label a police report gives the incident. For the complete, current list, see the official summary at uscis.gov. An attorney can review the underlying police report or charging documents to determine whether your case fits within a qualifying category, even if the crime is not one you would have guessed.
The Four Eligibility Requirements
USCIS evaluates every U visa petition against four core statutory elements. All four must be established with credible evidence:
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1.
You are the victim of a qualifying crime. You suffered the criminal activity directly, or in limited circumstances (such as when the direct victim is a minor, incapacitated, deceased, or under 21) you may qualify as an indirect victim.
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2.
You suffered substantial physical or mental abuse as a result of the crime. This is evaluated case by case, considering the severity of the injury, the duration of the harm, and its impact on your life.
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3.
You possess credible information about the crime and have been helpful, are being helpful, or are likely to be helpful to law enforcement, prosecutors, judges, or other authorities investigating or prosecuting it.
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4.
The crime occurred in the United States (or its territories) or violated U.S. law extraterritorially.
You must also generally be admissible to the United States, or eligible for a waiver of inadmissibility on Form I-192. Because U visa applicants frequently have prior immigration violations or, occasionally, criminal history of their own, the admissibility analysis is often just as important as the crime-victim analysis — and is an area where legal review before filing is especially valuable.
The Law Enforcement Certification (Form I-918B)
A U visa petition cannot move forward without Form I-918, Supplement B — a certification signed by an official from a "certifying agency" confirming that you were a victim of a qualifying crime and were, are, or are likely to be helpful to the investigation or prosecution. This is often the single hardest part of the process.
Who Can Sign in Connecticut
Connecticut certifying agencies include municipal and state police departments, State's Attorney offices, judges, and certain other investigative or prosecutorial authorities — including some child protective services and labor standards agencies for qualifying crimes within their jurisdiction. Federal agencies (such as the FBI) can also certify in appropriate cases.
The signing official is usually the head of the agency or a person specifically designated to sign I-918B certifications — often a supervisor, not the responding patrol officer.
No Guarantees
Signing a certification is discretionary — no agency is legally required to sign one, and a signed certification is not itself a determination of immigration status by USCIS. Some Connecticut agencies have internal policies or points of contact for U visa certification requests; others evaluate requests case by case. If an agency initially declines or does not respond, a well-documented, respectfully framed follow-up request — sometimes with supporting materials showing your cooperation and the case's disposition — can make a difference. This is an area where an attorney's familiarity with local agency practices is often useful.
The certification must generally be signed within the six months before you file Form I-918 with USCIS. If your case is still open or the crime happened some time ago, ask the agency early — certification requests can take weeks or months to process internally.
Working with Law Enforcement on Your U Visa Case?
Attorney M. Riaz Musani has helped Connecticut crime victims request I-918B certifications and prepare complete U visa petitions. Call (860) 938-1850 or schedule a consultation.
Path to a Green Card After 3 Years
A U visa is a nonimmigrant status, but it can lead to lawful permanent residence. After holding U nonimmigrant status continuously for at least three years, and meeting other requirements — including continued good moral character and, in most cases, showing that your presence is justified on humanitarian grounds, to ensure family unity, or is otherwise in the public interest — you may file Form I-485 to adjust status to a green card holder.
If a U visa holder's removal proceedings involve a case in the deportation defense system, the adjustment of status analysis can intersect with that proceeding. If you or a family member is simultaneously facing removal proceedings while a U visa petition is pending, our deportation defense team can evaluate how the two processes interact in your case.
Family Members (Derivatives)
Certain family members can obtain derivative U nonimmigrant status through your petition using Form I-918, Supplement A:
- •Your spouse (any age of principal petitioner)
- •Your unmarried children under 21
- •If you are under 21: your parents and your unmarried siblings under 18
Derivative family members go through the same bona fide determination and waitlist process as the principal petitioner and, once the principal reaches three years in U status and adjusts, may separately be eligible to adjust status using Form I-929.
U Visa FAQ
Do I need a conviction for the abuser to get a U visa?
No. A conviction is not required. What matters is that a qualifying crime occurred, that you were a victim who suffered substantial abuse, and that a certifying agency confirms you were helpful — or are likely to be helpful — to the investigation or prosecution, regardless of the case's ultimate outcome.
What if a police department refuses to sign my I-918B?
Certification is discretionary, and an initial refusal is not always the final word. Some agencies will reconsider after a follow-up request with additional documentation of your cooperation. An attorney familiar with local agency practices can often help frame a renewed request or identify another certifying authority connected to the same case, such as a prosecutor's office.
How long is the U visa wait in 2026?
Because the 10,000 annual cap has been exceeded for years, most petitioners wait a substantial period after filing before receiving final U visa approval, though many receive work authorization and deferred action earlier through the bona fide determination process. Check the USCIS processing times page for current figures, as they change.
Can I work while my U visa is pending?
If USCIS makes a bona fide determination that your petition is complete and credible, you may be granted employment authorization and deferred action while you wait for a visa number, well before final approval of your U visa.
Does the crime have to have happened in Connecticut?
The crime must have occurred in the United States or violated U.S. law — it does not need to have occurred in Connecticut specifically. The certifying agency, however, is generally the one connected to the jurisdiction where the crime occurred or was investigated.
If my abuser is my spouse, should I file for a U visa or VAWA?
It depends on your abuser's immigration status and other facts. VAWA self-petitions are limited to abuse by a U.S. citizen or lawful permanent resident spouse, parent, or child and have no annual cap, while the U visa applies more broadly to victims of qualifying crimes regardless of the offender's status, but is subject to the 10,000 cap and a certification requirement. Some individuals may be eligible for both; an attorney can help evaluate which path — or both — fits your case. See our VAWA self-petition guide for details.
What if I'm in removal proceedings while my U visa petition is pending?
A pending U visa petition does not automatically stop removal proceedings, but it can be an important factor in seeking a continuance, administrative closure, or termination. If you are in immigration court while a U visa case is pending, coordinated deportation defense representation is important.
Official Government Resources
- →USCIS Form I-918 — Petition for U Nonimmigrant Status
- →USCIS — Victims of Criminal Activity: U Nonimmigrant Status
- →USCIS Processing Times
There is no USCIS filing fee for Form I-918, though related forms such as Form I-192 (waiver of inadmissibility) may carry a fee — always verify the current fee at uscis.gov/feecalculator before filing.
Have You Been the Victim of a Crime?
Attorney M. Riaz Musani represents crime victims across Connecticut and New York in U visa petitions, from requesting law enforcement certification through adjustment of status. Call (860) 938-1850 or schedule a consultation.
Legal Disclaimer
This article provides general legal information about U nonimmigrant status and is not intended as legal advice for any specific individual's situation. Immigration law is complex and fact-specific; outcomes depend on individual circumstances, USCIS policy at the time of filing, and the discretion of certifying agencies. For guidance tailored to your situation, consult a licensed immigration attorney.