If you have been the victim of a qualifying crime in the United States and have cooperated with law enforcement, our attorneys prepare and file Form I-918 petitions that document every element of your eligibility and advocate for the protection you deserve under U-visa law.
The U-visa is a nonimmigrant visa category created by the Victims of Trafficking and Violence Protection Act of 2000 to protect victims of certain qualifying crimes who have suffered substantial physical or mental abuse and who have been helpful to law enforcement in the investigation or prosecution of those crimes. The application process centers on the Form I-918, Petition for U Nonimmigrant Status, which must demonstrate eligibility under INA Section 101(a)(15)(U). At Mandi Law Group, our immigration attorneys in Albany and the Capital District guide crime victims through every step of the U-visa application process.
To qualify for U-visa status, an applicant must establish four statutory elements: that they were a victim of a qualifying criminal activity; that they suffered substantial physical or mental abuse as a result of the crime; that they possess information concerning the criminal activity; and that they have been helpful, are being helpful, or are likely to be helpful to a qualifying law enforcement agency in the detection, investigation, prosecution, conviction, or sentencing of the crime. Our attorneys in Albany carefully analyze each element and build a comprehensive evidentiary record that establishes every requirement.
A critical component of every U-visa petition is the Form I-918 Supplement B, the law enforcement certification. This form must be signed by the head of or a designated official within a federal, state, or local law enforcement agency, prosecutor's office, or other qualifying government authority. The certification confirms that the applicant has been helpful in the investigation or prosecution of the qualifying crime. Our attorneys work with law enforcement agencies throughout the Albany and Capital District area to obtain these certifications and ensure that the petition is complete and properly documented.
Because Congress has capped the number of U-visas at 10,000 per fiscal year and demand far exceeds supply, there is currently a significant waiting list. Petitioners whose cases are approved but who are subject to the cap receive deferred action status, which provides protection from removal and work authorization while they wait for a visa number. After holding U-visa status for three continuous years, the holder becomes eligible to apply for lawful permanent residence by filing Form I-485. Our attorneys also assist with inadmissibility waivers through Form I-192 and guide clients through the full trajectory from initial petition to permanent residence.
If you have been the victim of a qualifying crime in the United States, you may be eligible for U-visa protection regardless of your current immigration status. The U-visa provides a path to lawful status and eventual permanent residence. Do not let fear of deportation prevent you from seeking the protection you deserve. Consultations are confidential.
(518) 698-0347Our U-visa application practice covers every aspect of the Form I-918 petition process, from initial eligibility assessment through inadmissibility waivers and post-approval benefits. Each case is handled by attorneys with specific experience in crime victim immigration law.
The Form I-918, Petition for U Nonimmigrant Status, is the core filing in every U-visa case. Our attorneys in Albany draft comprehensive petitions that clearly identify the qualifying criminal activity, describe the physical or mental abuse suffered, establish that you possess information about the crime, and demonstrate that you have been helpful, are being helpful, or are likely to be helpful to law enforcement in the investigation or prosecution of the crime. We prepare detailed personal declarations, organize supporting evidence, and ensure that every element of the petition meets the statutory and regulatory requirements set forth in INA Section 101(a)(15)(U) and 8 CFR 214.14.
To qualify for U-visa status, the applicant must have been a victim of one or more qualifying criminal activities listed in the statute, including but not limited to domestic violence, sexual assault, trafficking, kidnapping, abduction, torture, involuntary servitude, extortion, blackmail, manslaughter, murder, felonious assault, witness tampering, obstruction of justice, perjury, and other specified offenses. Our attorneys carefully analyze the facts of your case to identify all applicable qualifying crimes, gather police reports, court records, medical records, photographs, and other evidence that documents the criminal activity, and present a clear evidentiary record to USCIS.
A critical requirement of the U-visa petition is demonstrating that the applicant suffered substantial physical or mental abuse as a result of the qualifying criminal activity. USCIS considers a range of factors including the nature and severity of the injury, the severity of the perpetrator's conduct, the duration of the abuse, and whether permanent or serious harm resulted. Our attorneys compile comprehensive evidence packages that include medical records, hospital records, photographs of injuries, mental health evaluations from licensed professionals, counseling records, personal declarations, and statements from witnesses, family members, and service providers to document the full scope of the abuse suffered.
Many U-visa applicants have grounds of inadmissibility that would otherwise bar them from obtaining immigration status. The Form I-192, Application for Advance Permission to Enter as a Nonimmigrant, allows U-visa petitioners to request a waiver of most grounds of inadmissibility, including unlawful presence, prior removal orders, criminal inadmissibility, fraud or misrepresentation, and other bars. The waiver standard for U-visa applicants is more favorable than other waiver categories — USCIS exercises discretion by weighing the applicant's positive equities against the negative factors. Our attorneys prepare thorough I-192 applications with supporting evidence demonstrating that a favorable exercise of discretion is warranted.
Our structured approach to U-visa petitions ensures that every case is thoroughly evaluated, comprehensively documented, and persuasively presented to USCIS adjudicators.
We begin with a thorough consultation to understand the crime you experienced, the abuse you suffered, your interactions with law enforcement, and your immigration history. We evaluate your eligibility for U-visa status, identify all qualifying criminal activities, and assess whether any grounds of inadmissibility exist that would require an I-192 waiver.
Our attorneys compile a comprehensive evidence package that includes your personal declaration, medical and mental health records, police reports, court documents, photographs, witness statements, and the signed Form I-918 Supplement B law enforcement certification. Every piece of evidence is organized to demonstrate each statutory element of U-visa eligibility.
We prepare and file the complete I-918 petition with USCIS, including all supporting documentation, the law enforcement certification, and any required I-192 inadmissibility waiver. Every form is reviewed for accuracy, all filing requirements are met, and the petition is assembled to present the strongest possible case for approval.
After filing, we actively monitor your case through the adjudication process. If USCIS issues a Request for Evidence, we respond promptly and thoroughly. We track your placement on the waiting list, communicate with USCIS as needed, and guide you through the transition to lawful permanent residence once U-visa status is granted.
Protecting Crime Victims Through U-Visa Advocacy
Dedicated U-visa application representation in Albany and the Capital District
The U-visa application process involves specific legal requirements and strategic considerations. Understanding these factors before and during the process helps strengthen your petition and protect your eligibility.
Every U-visa petition must include a signed Form I-918 Supplement B certification from a qualifying law enforcement agency confirming that the applicant has been helpful, is being helpful, or is likely to be helpful in the investigation or prosecution of the qualifying criminal activity. Without this certification, the petition cannot be approved. Our attorneys work with local law enforcement agencies in Albany and the Capital District, as well as state and federal agencies, to obtain the required certifications.
Congress has set an annual cap of 10,000 U-visas that may be granted each fiscal year. Because demand far exceeds supply, there is currently a significant waiting list. Petitioners whose cases are approved but who are subject to the cap are placed on a waiting list and granted deferred action status, which provides protection from removal and work authorization while they wait for a visa number to become available. Filing as early as possible is important given the backlog.
Unlike other waiver categories that require proof of extreme hardship, the I-192 waiver for U-visa applicants is adjudicated under a discretionary standard. USCIS weighs the positive equities of the applicant — including the severity of the crime suffered, cooperation with law enforcement, rehabilitation, and ties to the community — against any negative factors such as criminal history or immigration violations. This more favorable standard means that many grounds of inadmissibility that cannot be waived in other contexts can be overcome in U-visa cases.
After holding U-visa status for three continuous years, the U-visa holder becomes eligible to apply for lawful permanent residence (a green card) by filing Form I-485, Application to Register Permanent Residence or Adjust Status. The applicant must demonstrate continuous physical presence in the United States, that the grant of permanent residence is justified on humanitarian grounds or in the public interest, and that they have not unreasonably refused to cooperate with law enforcement since obtaining U-visa status.
Answers to frequently asked questions about U-visa applications in New York. Every situation is unique — consult with our attorneys for guidance specific to your case.
A U-visa is a nonimmigrant visa created by the Victims of Trafficking and Violence Protection Act of 2000. It provides immigration status to victims of certain qualifying crimes who have suffered substantial physical or mental abuse as a result of the crime, who possess information about the criminal activity, and who have been helpful, are being helpful, or are likely to be helpful to law enforcement in the investigation or prosecution of the crime. U-visa status is valid for four years and provides a path to lawful permanent residence.
The statute lists numerous qualifying criminal activities, including domestic violence, sexual assault, rape, trafficking, torture, kidnapping, abduction, involuntary servitude, being held hostage, peonage, false imprisonment, blackmail, extortion, manslaughter, murder, felonious assault, witness tampering, obstruction of justice, perjury, fraud in foreign labor contracting, stalking, and attempt, conspiracy, or solicitation to commit any of these offenses. The crime must have occurred in the United States or violated U.S. law.
The Form I-918 Supplement B is a law enforcement certification that must be signed by the head of the certifying agency or a designated official. It certifies that the petitioner has been helpful, is being helpful, or is likely to be helpful in the detection, investigation, prosecution, conviction, or sentencing of the qualifying criminal activity. Certifying agencies include federal, state, and local law enforcement agencies, prosecutors, judges, and other authorities with responsibility for the investigation or prosecution of criminal activity.
Yes. U-visa status is specifically designed to protect crime victims regardless of their immigration status. Even if you entered the United States without authorization, overstayed a visa, or have other immigration violations, you may still be eligible for a U-visa. Any grounds of inadmissibility that arise from your immigration history can potentially be waived through the Form I-192, Application for Advance Permission to Enter as a Nonimmigrant, which uses a more favorable discretionary standard than other waiver categories.
U-visa processing times are currently very long due to high demand and the annual cap of 10,000 visas per fiscal year. Initial adjudication of the I-918 petition can take several years. If approved, the petitioner may be placed on a waiting list for a visa number, during which time they receive deferred action status and work authorization. The total time from filing to receiving U-visa status can be five years or more. Filing a complete and well-documented petition helps avoid additional delays from Requests for Evidence.
Yes. Derivative U-visa status is available for certain qualifying family members. If you are under 21 years of age, your spouse, children, parents, and unmarried siblings under 18 may be included. If you are 21 or older, your spouse and children under 21 may be included. Derivative family members receive U-visa status for the same period as the principal petitioner and are also eligible to apply for lawful permanent residence. Family members may be in the United States or abroad.
If your I-918 petition is approved but a visa number is not immediately available due to the annual cap, you will be placed on a waiting list and granted deferred action status. Deferred action provides protection from removal (deportation) and makes you eligible for employment authorization through an Employment Authorization Document (EAD). You remain in deferred action status until a visa number becomes available, at which point you are granted U-visa status for four years.
Yes. Cooperation with law enforcement is a fundamental requirement of U-visa eligibility. You must demonstrate that you have been helpful, are being helpful, or are likely to be helpful to a federal, state, or local law enforcement agency, prosecutor, judge, or other government authority in the detection, investigation, prosecution, conviction, or sentencing of the qualifying criminal activity. This cooperation is documented through the Form I-918 Supplement B law enforcement certification. If you unreasonably refuse to cooperate after obtaining U-visa status, your status may be revoked.
Our U-visa practice covers the full spectrum of crime victim immigration matters in Albany and the Capital District.
Whether you have been the victim of domestic violence, sexual assault, trafficking, or another qualifying crime, our experienced U-visa attorneys in Albany and the Capital District are here to evaluate your case and fight for the immigration protection you deserve. Every consultation is confidential and without obligation.