IMMIGRATION SERVICES
If you were hurt by a serious crime in the United States and helped the police, you may be able to get legal status. It doesn't matter what your immigration status is now.
Attorney James Betzold · 17+ years of experience · Nationwide service by phone or video
For Information Only
This page is general information to help you understand whether you might qualify. It is not legal advice. Every case is different, and only a legal consultation with Attorney James Betzold can determine whether you are eligible.
The U visa is a special immigration status for people who were victims of certain serious crimes in the United States and who helped, or are willing to help, the police or prosecutors. Congress created it for two reasons: to protect survivors, and to make it safer for immigrant communities to report crimes without fear.
You do not need to have papers to qualify. Many people who apply came without a visa, overstayed, or have other immigration problems. The U visa can protect you, give you permission to work, and later lead to a green card. In many cases it can also help your close family members.
To get a U visa, you must show every element below. Each one is explained in plain language here.
The law lists the crimes that can qualify. They include:
The list also includes:
In general, the crime must have been against a person, not only against property. A misdemeanor can still qualify if it fits a listed category.
You must have been seriously harmed by the crime. The harm can be physical injury, emotional or psychological harm, or both. USCIS looks at how serious the crime was, how badly you were hurt, how long the harm lasted, and whether it caused lasting damage to your health or well-being. Ongoing fear, anxiety, depression, or trauma can count. A history of abuse over time can also be considered as a whole.
You must know important details about what happened, such as who did it, when, and how. If you were under 16 at the time, or if you are unable to help because of a disability, a parent, guardian, or “next friend” can provide the information for you.
You must have helped, or be willing to help, officials who investigate or prosecute the crime. Usually this starts with reporting the crime and answering questions. The case does not need to end in an arrest or a conviction. You may not unreasonably refuse a reasonable request for help.
An authorized official must also certify that you have been helpful. This can be the police, a prosecutor, a judge, or another agency that investigates crimes, such as child protective services or a labor agency. This certification is required. Without it, you cannot get a U visa. The agency decides on its own whether to sign. It is not the same thing as approval of your case.
As with the information requirement, a parent, guardian, or next friend can provide this help if the victim was under 16 or is incapacitated.
The crime must have taken place in the United States. That includes U.S. territories, Indian country, and military bases. A crime that happened outside the country can count only if it broke a U.S. federal law that reaches crimes abroad, such as certain trafficking crimes.
Like most immigration benefits, the U visa requires that you be “admissible.” That means things like past immigration violations, certain criminal history, or prior deportations can be problems. The good news is that the U visa has one of the most generous waivers in immigration law. Almost every ground of inadmissibility can be forgiven if it is in the public or national interest. This can include entering without inspection, a prior deportation, the “permanent bar,” and many criminal issues. The “public charge” rule does not apply to U visa applicants.
Sometimes the person who was directly harmed cannot help the police because they were killed (murder or manslaughter) or are incompetent or incapacitated. Common examples are a young child or a person with a serious disability. In these cases, certain family members may apply as victims themselves:
The indirect victim must still show substantial harm and must have helped law enforcement. This can apply even when the direct victim is a U.S. citizen, such as an undocumented parent of a U.S. citizen child who was abused.
In rare cases, a person who witnessed a violent crime and suffered unusually direct and serious harm may qualify. They do not have to be related to the person who was attacked. They must still meet every other requirement.
Your current immigration status does not decide whether you qualify. People without papers, people with expired visas, and people with old deportation orders have all been able to apply. People living outside the United States can also qualify if the crime happened here or broke U.S. law.
Because of these risks, it is important to have an attorney review your case before you apply.
If you qualify, some family members may receive U status through you. They do not have to show harm or helpfulness.
Ages are generally fixed on the date your petition is filed. A child who turns 21, or a sibling who turns 18, while the case is pending is generally still protected. Family members do not count toward the yearly limit.
After 3 years of continuous presence in U status, many U visa holders may be able to apply for permanent residence (a green card). To qualify, you generally must not have unreasonably refused to help law enforcement, and your stay must be justified for humanitarian reasons, family unity, or the public interest. Time spent waiting before you receive U status, including time on the waiting list, does not count toward these 3 years. Once you are a permanent resident, you may later be able to become a U.S. citizen.
The law allows only 10,000 principal U visas each year, and far more people qualify than that. When the limit is reached, USCIS places eligible people on a waiting list. Visas are given in the order petitions were filed. The wait is currently many years long.
While they wait, many applicants in the United States can get deferred action (protection from deportation) and a work permit. This can happen through an early review called a “bona fide determination,” or when they are placed on the waiting list. USCIS says it continues to do these reviews. However, this protection is discretionary. USCIS can refuse or end it, especially when there are criminal or public safety concerns. Federal rules on deferred action and work permits changed in 2025–2026 and may change again.
Yes. You do not need legal status to qualify. Many U visa applicants entered without inspection or have overstayed a visa.
Serious crimes such as domestic violence, sexual assault, felonious assault, kidnapping, stalking, trafficking, and the others listed above. Similar crimes, and attempts to commit them, can also qualify.
No. The case does not need to end in an arrest or conviction. What matters is that you had information and helped officials, and that an official certifies your help.
Many years. Because of the 10,000-per-year limit and a very large backlog, the wait is long. Many applicants may get work permits and protection from deportation before final approval, but this is not guaranteed.
Yes. Your unmarried children under 21 and your spouse may qualify. If you are under 21, your parents and unmarried siblings under 18 may also qualify.
Possibly. Parents of child victims, including U.S. citizen children, may qualify as indirect victims if they helped law enforcement and suffered substantial harm themselves.
Yes. After 3 years in U status, many U visa holders may apply for permanent residence.
If you or someone in your family was hurt by a serious crime in the United States, you may have more options than you think. Every case is different, and the rules have changed a lot recently. A careful review now can help protect you and your family. Attorney James Betzold offers consultations by phone or video, anywhere in the United States. Call +1 (833) 847-2335 today to talk about your situation in confidence.
The information on this page is provided for general informational purposes only and is not legal advice. Reading this page, contacting our office, or scheduling a case evaluation does not create an attorney-client relationship. Every immigration case is different and depends on its own facts, history, and the law in effect at the time. Immigration laws, policies, and court decisions change often, and this information (current as of October 2026) may not reflect the most recent changes. Meeting a requirement described here does not mean you qualify or that any application will be approved. Eligibility can only be determined through a legal consultation with Attorney James Betzold, who will review your individual situation. Do not act, or decide not to act, based on this page alone. Past results do not guarantee a similar outcome.
