Under the Trafficking Victims Protection Act of 2000 (TVPA), subsequently
reauthorized in 2003, 2005, 2008, and 2013, individuals who have been
the victims of certain serious crimes may be granted U nonimmigrant status.
U nonimmigrant status allows recipients to obtain work authorization and
remain in the United States lawfully for, generally, a period of four
years. An individual in U Nonimmigrant Status may be apply for lawful
permanent residence after a period of three years.
Each year, a maximum of 10,000 U visas may be granted. This number does
not include nonimmigrant status/visas granted to spouses and other derivative
General Eligibility Requirements
A U nonimmigrant status petitioner must establish or demonstrate that she or he:
- Has been the direct or indirect victim of a qualifying serious criminal
activity, or the attempt / conspiracy thereof, including:
||Being Held Hostage
||Obstruction of Justice
||Unlawful Criminal Restraint
|Abusive Sexual Contact
- Possesses information about the qualifying criminal activity.
- Has been helpful, are being helpful, or are likely to be helpful to the
investigation and/or prosecution of the qualifying criminal activity of
which the petitioner has been a victim.
- Has suffered substantial physical or mental abuse as a result of the criminal activity.
A U nonimmigrant status petition is filed using
Form I-918, Petition for U Nonimmigrant Status.
The petition MUST include
Form I-918, Supplement B Certification, signed by an authorized certifying official.
Family members, including the spouse and minor children of a petitioner
21 years of age or older, and the spouse, minor children, parents and
unmarried siblings where the petitioner is under 21 years of age, may
be included in the principal’s petition using
Form I-918, Supplement A.
A U nonimmigrant status petition is filed together with supporting documents
of eligibility with the U.S. Citizenship and Immigration Services - Vermont
There is no filing fee.
Most grounds of inadmissibility may be waived. Waivers are filed using
Form I-192, Application for Advance Permission to Enter as Nonimmigrant.
The filing fee associated with Form I-192, Application for Advance Permission
to Enter as Nonimmigrant may be waived by completing
Form I-912, Request for Fee Waiver and submitting evidence of inability to pay.
A U nonimmigrant status petition may be filed during removal proceedings.
A request for administrative closure, continuance or termination of proceedings
may be granted by an immigration judge while adjudication of the petition
Where petitioner is subject to a final order of removal, deportation or
exclusion, a motion for stay may be filed to allow adjudication of a U
nonimmigrant status petition. If the petition is granted, the order of
removal is cancelled.
A U nonimmigrant status petition may be filed abroad, through consular
Benefits of U Nonimmigrant Status Grant (“U Visa”)