Worried about doing this on your own? You may be able to get free legal help.
Part of the Immigration rights library, sponsored by Skadden
This article explains how to get a U Visa if you are the victim of a crime.
For more information on who can qualify for a U visa, visit Protections for victims of a crime with a U Visa.
Note: Denied applications may place you at risk of deportation proceedings or being deported. See NTA memo. Be wary of notary fraud and other people offering to file applications. Talk to a lawyer.
Cooperate with the police investigation
To qualify, you must cooperate in the police investigation of the criminal activity. Someone must sign and certify that you have been the victim of a crime and cooperated. This person could be in the police department, prosecutor's office, judge, or other law enforcement agency. They will need to fill out and sign Form I-918, Supplement B.
Different departments may have different requirements for requesting this form. See Cook County Sheriff's department.
The Illinois VOICES Act requires local officials to respond to requests for certification. It also provides recourse for victims of qualifying crimes who are wrongly denied certification.
Form I-918, Supplement B, known as the "U Visa Certification," is required. You will not be able to file for a U Visa without an original signature on this form.
However, this form is not enough. You must also provide other U Visa application forms, supporting documents, and information.
Please note that Form I-918, Supplement B expires 6 months after it is signed. You cannot file a U Visa if it is expired.
The U Visa process is lengthy and complicated. If you are able to get a U Visa Certification, you should talk to a lawyer or a or a nonprofit organization. They could represent you on your complete U Visa application. A signed U Visa Certification does not mean you are eligible for a U Visa. U.S. Citizenship and Immigration Services (USCIS) can question your cooperation, admissibility, and the qualifying criminal activity. They could deny your application.
Fill out the U Visa Application
Form I-918 is the U Visa Application Form. You will need to fill this out.
Fill out the Inadmissibility [no-lexicon]Waiver[/no-lexicon]
Many people are "inadmissible" because of something they did. For example:
- Unlawful entry,
- Previous deportations,
- False claims to citizenship, and
- Smuggling.
Some of these can be waived. Others cannot. Some may prevent you from ever receiving an approved U Visa.
You should talk to a lawyer about this.
To ask for your inadmissibility to be waived, use Form I-192. This form requires a fee that you can check directly on the website. You may qualify for a fee waiver.
Gather [no-lexicon]evidence[/no-lexicon]
- Biographic information: You need to provide a copy of a current passport from your home country. It should not be expired. If you cannot get one, you may be able to qualify for a waiver. Additional information may include your birth certificate, marriage certificate, etc.
- Proof that you were a victim and suffered substantial harm: This can include orders of protection, police reports about the crime, medical records if you suffered injuries from the crime, court documents, letters from therapy, photos of your injuries, etc.
- Personal Victim Impact Statement: You must write a statement that tells about the crime. You should describe how you felt, suffered, and how you helped law enforcement. When writing a letter, it should be your account of the story. It should be detailed.
- Good moral character and positive discretion: You may also want to include documents that encourage positive discretion. This can include proof of family ties in the U.S. For example, if you have U.S. citizen children. Others can be letters from the community or your employer, proof that you file taxes, etc.
Add family members
Some close family members may qualify to be derivatives on your U Visa application. For example, unmarried children may qualify if under 21. This means you may be able to file Form I-918 Supplement A on their behalf.
You should talk to a lawyer to see if any of your family members can qualify. Be careful not to submit forms for people who do not qualify.
A family member may also need their own Form I-192 if they have any inadmissibility grounds. They must provide supporting documents, such as proof of the qualifying relationship and biographic information, like a birth certificate or passport.
File your application
U.S. Citizenship and Immigration Service (USCIS) lists where you can file your U Visa application under “where to file” on their website.
As of July 2021, the filing center for U Visas is:
USCIS Vermont Service Center
Attn: I-918
30 River Road
Essex Junction, VT 05479-0001
Next steps
After you submit the U Visa application, you should get receipt notices for each form you submitted.
You should receive an appointment, requesting that you go to an office for fingerprints.
U Visa cases can remain pending for many years. To view processing times see the USCIS website.
If the certifying agency denies your application, you are entitled to know why. You may also appeal a denial decision. The certifying agency must then respond to your appeal within 30 days.
Legal Comment
Worried about doing this on your own? You may be able to get free legal help.
Part of the Immigration rights library, sponsored by Skadden
Only logged-in users can post comments. Please log in or register if you want to leave a comment. We do our best to reply to each comment. We can't give legal advice in the comments, so if you have a question or need legal help, please go to Get Legal Help.