If you are an undocumented immigrant who has been the victim of a qualifying crime, you may be eligible for lawful immigration status through the U-visa program. Our compassionate attorneys in Albany and the Capital District provide dedicated representation to help crime victims obtain the protection and stability they deserve.
The U nonimmigrant visa — commonly known as the U-visa — was created by Congress through the Victims of Trafficking and Violence Protection Act of 2000 to strengthen the ability of law enforcement agencies to investigate and prosecute crimes while providing protection to victims who have suffered abuse and who are willing to assist in the detection, investigation, or prosecution of criminal activity. At Mandi Law Group in Albany, our immigration attorneys provide compassionate, knowledgeable representation to crime victims throughout the Capital District and greater New York who are seeking immigration relief through the U-visa program.
The U-visa is available to victims of a wide range of qualifying criminal activities, including domestic violence, sexual assault, trafficking, kidnapping, fraud in foreign labor contracting, felonious assault, and many other serious offenses enumerated in the Immigration and Nationality Act. To qualify, applicants must demonstrate that they suffered substantial physical or mental abuse as a result of the crime, that they possess information about the criminal activity, and that they have been, are being, or are likely to be helpful to law enforcement in the investigation or prosecution of the offense.
A critical element of the U-visa process is the law enforcement certification. Every petition must include a signed Form I-918 Supplement B from a certifying official at a qualifying law enforcement agency, prosecutor's office, judge, or other authorized agency confirming that the petitioner has been helpful to the investigation or prosecution. Our attorneys have extensive experience coordinating with law enforcement agencies throughout New York's Capital District to obtain these certifications, educating agency officials about the U-visa program, and overcoming obstacles that can arise during the certification process.
Congress set an annual cap of 10,000 U-visas per fiscal year, and demand has exceeded this limit for many years, creating a significant waitlist. However, applicants whose petitions are found to be bona fide may receive deferred action status and work authorization while they wait for a visa number to become available. After three years in U nonimmigrant status, recipients become eligible to apply for lawful permanent residence — a green card — providing a meaningful path to long-term stability and security in the United States. Our attorneys guide clients through every stage of this process, from initial filing through adjustment of status.
Undocumented crime victims have legal protections under U.S. immigration law. Reporting crimes and cooperating with law enforcement can open the door to lawful immigration status through the U-visa program. You do not need to fear deportation for coming forward — the U-visa was designed to protect you.
(518) 698-0347Our U-visa practice provides comprehensive, compassionate representation from initial consultation through adjustment to permanent residence. Every case is handled with sensitivity and dedication.
The U-visa application begins with Form I-918, Petition for U Nonimmigrant Status, and requires demonstrating that the applicant was a victim of qualifying criminal activity, suffered substantial physical or mental abuse as a result, possesses information concerning the criminal activity, and has been, is being, or is likely to be helpful to law enforcement in the investigation or prosecution of the crime. Our attorneys conduct a thorough analysis of your case to determine whether the criminal activity qualifies under the statute, document the substantial abuse you suffered, and identify and address any inadmissibility issues that may require a waiver filing on Form I-192. We prepare comprehensive petition packages that present your case clearly and persuasively to USCIS.
A critical component of every U-visa petition is the law enforcement certification on Form I-918 Supplement B. This form must be signed by a certifying official at a qualifying law enforcement agency — including police departments, prosecutors' offices, judges, the Department of Labor, child protective services, the Equal Employment Opportunity Commission, and other federal, state, or local agencies that investigate or prosecute qualifying criminal activity. Our attorneys work directly with certifying agencies on your behalf, draft persuasive certification requests, explain the process and legal requirements to agency officials, and help overcome common obstacles such as agency unfamiliarity with the U-visa program or reluctance to certify.
U-visa applicants must demonstrate that they have been helpful, are being helpful, or are likely to be helpful to law enforcement in the detection, investigation, or prosecution of the qualifying criminal activity. This requirement is ongoing — USCIS may revoke U nonimmigrant status if the holder unreasonably refuses to cooperate with law enforcement after obtaining the visa. Our attorneys help you understand your cooperation obligations, document your helpfulness through declarations and supporting evidence, protect your rights during criminal proceedings, and ensure that your ongoing cooperation is properly recorded and presented to USCIS at every stage of the process.
The U-visa program recognizes that crime victims often need to protect their family members as well. Qualifying family members may obtain derivative U nonimmigrant status through Form I-918 Supplement A. If the principal petitioner is 21 years of age or older, eligible derivatives include the petitioner's spouse and unmarried children under 21. If the principal petitioner is under 21 years of age, eligible derivatives also include parents and unmarried siblings under 18. Our attorneys evaluate each family member's eligibility, prepare the derivative petitions, and coordinate the filing to ensure that your entire family is protected.
Our U Visa practice provides dedicated legal representation for crime victims in Connecticut and New York, guiding you through every step of the application and relief process.
Protecting Crime Victims
Compassionate advocacy for those who need it most
U-visa cases involve specific eligibility requirements, law enforcement coordination, and processing realities that applicants should understand from the outset. Below are four critical factors that shape every U-visa case.
The list of qualifying criminal activities under the U-visa statute is extensive and includes domestic violence, sexual assault, rape, trafficking, torture, kidnapping, abduction, false imprisonment, involuntary servitude, slave trade, blackmail, extortion, manslaughter, murder, felonious assault, witness tampering, obstruction of justice, perjury, fraud in foreign labor contracting, and attempt, conspiracy, or solicitation to commit any of these offenses. You do not need to have a conviction or even a formal charge — you need to have been a victim of the activity and to have cooperated (or be willing to cooperate) with law enforcement.
Every U-visa petition must include a signed Form I-918 Supplement B from a certifying agency. Qualifying agencies include federal, state, and local law enforcement, prosecutors, judges, the Department of Labor, child protective services, the EEOC, and other agencies with authority to detect, investigate, or prosecute criminal activity. Not all agencies are familiar with the certification process, and some may be reluctant to sign. Our attorneys work proactively with agencies throughout the Capital District and across New York to secure the certifications our clients need.
Congress set an annual cap of 10,000 U-visas per fiscal year, and demand has consistently exceeded this limit for many years. When the cap is reached, USCIS places eligible petitioners on a waitlist and may grant deferred action status and work authorization while they wait for a visa number to become available. Our attorneys help clients obtain the bona fide determination that grants access to deferred action and employment authorization, and we track the waitlist to ensure a smooth transition when a visa number becomes current.
U nonimmigrant status is not permanent, but it creates a clear path to lawful permanent residence. After three years in U status, a U-visa holder may apply for adjustment of status to become a lawful permanent resident (green card holder) if they have maintained continuous physical presence in the United States, have not unreasonably refused to cooperate with law enforcement, and have not become inadmissible or deportable on certain grounds. Our attorneys guide you through this critical transition and prepare your adjustment application.
Understanding the basic eligibility requirements, qualifying crimes, and derivative family member categories is the first step in evaluating whether the U-visa may be an option for you.
From your first confidential consultation to the day you receive your green card, our attorneys follow a structured, compassionate process designed to protect you and build the strongest possible case.
We begin with a compassionate, confidential consultation to understand what happened to you, assess whether the criminal activity qualifies for U-visa relief, evaluate any inadmissibility issues, and develop a personalized legal strategy — all in a safe and supportive environment.
We work with the appropriate law enforcement agency to obtain the required Supplement B certification, drafting persuasive requests, educating agency officials about the U-visa program when necessary, and following up diligently to ensure timely completion.
We prepare and file your complete U-visa petition with USCIS, including the I-918, Supplement B certification, personal declaration, evidence of qualifying criminal activity and substantial abuse, and any necessary waiver applications for inadmissibility grounds.
We continue to advocate for you after filing — tracking your case through the bona fide determination and waitlist process, securing work authorization, advising on ongoing cooperation obligations, and ultimately guiding you through adjustment to permanent residence after three years in U status.
Answers to some of the most frequently asked questions about the U-visa program. Every situation is unique — consult with our attorneys for guidance specific to your case.
The U-visa statute covers a broad range of criminal activities, including but not limited to domestic violence, sexual assault, rape, trafficking, torture, kidnapping, abduction, false imprisonment, involuntary servitude, blackmail, extortion, manslaughter, murder, felonious assault, witness tampering, obstruction of justice, perjury, and fraud in foreign labor contracting. Attempts, conspiracy, and solicitation to commit any of these offenses also qualify. The key requirement is that the crime must have violated U.S. federal or state law, or occurred in the United States, its territories, or its possessions. If you are unsure whether the crime you experienced qualifies, our attorneys can provide a confidential analysis of your situation.
You do not need to have filed a police report at the time you apply, but you do need to obtain a law enforcement certification (Form I-918 Supplement B) from a qualifying agency that confirms the crime occurred and that you were helpful, are being helpful, or are likely to be helpful to the detection, investigation, or prosecution of the crime. Having a police report strengthens your case and can make the certification process easier. However, even if you did not report the crime at the time it occurred, you may still be able to obtain a certification — especially if you are now willing to cooperate with law enforcement. Our attorneys can help you navigate this process and work with the appropriate agencies to request the certification.
The U-visa process typically takes several years from filing to visa approval due to high demand and the annual cap of 10,000 U-visas per fiscal year. After filing, USCIS first conducts a bona fide determination — a preliminary review to assess whether the petition is meritorious. If your petition is found to be bona fide, you may receive deferred action status and work authorization while you wait for a visa number to become available. Once a visa number is current, USCIS adjudicates the petition and, if approved, grants U nonimmigrant status for four years. Processing times fluctuate, and our attorneys provide current estimates based on the latest USCIS data during your consultation.
Yes. If USCIS determines that your U-visa petition is bona fide (meaning it appears to have merit based on a preliminary review), you may receive deferred action status and become eligible for an Employment Authorization Document (EAD). Deferred action means that USCIS will not initiate removal proceedings against you while your petition is pending, and the EAD allows you to work legally in the United States. This is an important protection given the lengthy wait times created by the annual U-visa cap. Our attorneys help you secure the bona fide determination and file for work authorization as early in the process as possible.
Having a criminal record or prior immigration violations does not automatically disqualify you from obtaining a U-visa. In fact, the U-visa program includes a generous waiver provision. Using Form I-192, applicants can request a waiver of most grounds of inadmissibility — including unlawful presence, prior removal orders, certain criminal convictions, misrepresentation, and other issues that would otherwise bar an applicant from receiving immigration benefits. USCIS evaluates waiver requests on a case-by-case basis, weighing factors such as the seriousness of the inadmissibility ground, the nature of the criminal activity you suffered, and the hardship you would face if denied relief. Our attorneys have extensive experience preparing waiver applications and presenting compelling cases for their approval.
Yes. The U-visa program allows qualifying family members to obtain derivative U nonimmigrant status. If you are 21 years of age or older, your spouse and your unmarried children under 21 may be eligible for derivative status. If you are under 21 years of age, your parents and your unmarried siblings under 18 may also qualify in addition to your spouse and children. Derivative family members file on Form I-918 Supplement A, and they do not need to independently meet the qualifying crime or law enforcement certification requirements — their eligibility is based on their relationship to you. Our attorneys evaluate each family member's eligibility and prepare the derivative petitions as part of a coordinated filing strategy.
After receiving U nonimmigrant status, you are authorized to live and work in the United States for four years. During this time, you must maintain continuous physical presence in the United States and continue to cooperate with law enforcement if reasonably requested. After three years in U status, you become eligible to apply for adjustment of status to lawful permanent residence (a green card) by filing Form I-485. To qualify for adjustment, you must demonstrate continuous physical presence, show that you have not unreasonably refused to cooperate with law enforcement, and establish that adjustment is justified in the exercise of USCIS discretion. Our attorneys guide you through the adjustment process and help you build the strongest possible application for permanent residence.
If a law enforcement agency refuses to sign the Supplement B certification, there are several options. First, our attorneys can reach out to the agency directly to educate officials about the U-visa program, the certification requirements, and the agency's role — many refusals stem from unfamiliarity with the process rather than a substantive objection. Second, you may request certification from a different qualifying agency that has jurisdiction over the investigation or prosecution of the crime, such as the district attorney's office, a federal agency, a judge, or a state agency like the Department of Labor or child protective services. Third, in some jurisdictions, local policies or state laws encourage or require agencies to process U-visa certification requests within a specific timeframe. Our attorneys are experienced in navigating certification challenges throughout the Capital District and across New York State and will pursue every available avenue to secure the certification your case requires.
Our immigration practice covers the full spectrum of matters before USCIS, immigration courts, and consulates.
Our attorneys provide comprehensive legal services across multiple practice areas.
Helping families stay together through marriage-based green cards, fiance visas, family reunification petitions, and relative sponsorship applications.
Strategic visa solutions for employers and professionals, including H-1B specialty workers, L-1 transfers, EB-5 investors, and PERM labor certification.
Guiding lawful permanent residents through the naturalization process, from application preparation and test readiness to interview coaching and document review.
Aggressive defense for individuals facing removal proceedings, including asylum claims, cancellation of removal, and appeals before immigration courts.
Compassionate representation for individuals seeking protection from persecution, including asylum applications, refugee processing, and CAT protection claims.
Comprehensive immigration compliance solutions for businesses, including I-9 audits, global mobility programs, and immigration policy development.
Experienced advocacy for individuals seeking waivers of inadmissibility, including I-601 hardship waivers, I-601A provisional waivers, and fraud waivers.
Dedicated legal support for crime victims seeking U-visa immigration relief, including certification assistance, application filing, and family derivative petitions.
Skilled appellate representation before the BIA and federal courts, including motions to reopen, motions to reconsider, and appeals of adverse immigration decisions.
If you have been the victim of a crime and are seeking immigration relief, our experienced attorneys are here to help. The U-visa program was designed to protect victims like you, and you do not have to face this process alone. Every consultation is confidential and without obligation.