U Visa Attorney in New York

02Eligibility

Qualifying Crimes

Criminal activities that may qualify victims for U visa protection

04Questions clients ask

U Visa New York FAQs

What is a U visa and who qualifies?

The U visa provides immigration protection for victims of qualifying crimes who cooperate with law enforcement. Requirements: (1) Victim of qualifying criminal activity (domestic violence, sexual assault, trafficking, etc.), (2) Suffered substantial physical or mental abuse as result of crime, (3) Possess information about criminal activity, (4) Helpful, being helpful, or likely to be helpful to law enforcement in investigation or prosecution. U visa allows 4-year status, work authorization, and pathway to permanent residence after 3 years. Annual cap of 10,000 U visas; waitlist exists for excess petitions but bona fide determinations provide work permits during wait.

What crimes qualify for U visa protection?

Qualifying crimes include: abduction, abusive sexual contact, blackmail, domestic violence, extortion, false imprisonment, felonious assault, female genital mutilation, fraud in foreign labor contracting, hostage situations, incest, involuntary servitude, kidnapping, manslaughter, murder, obstruction of justice, peonage, perjury, prostitution, rape, sexual assault, sexual exploitation, slave trade, stalking, torture, trafficking, witness tampering, unlawful criminal restraint, or similar activity. Attempts, conspiracy, or solicitation to commit these crimes also qualify. Crime must have violated U.S. law or occurred in U.S.

What is law enforcement certification and how do I get it?

Law enforcement certification (Form I-918 Supplement B) is mandatory for U visa petitions. Certifying officials include federal, state, or local law enforcement, prosecutors, judges, or other authorities investigating or prosecuting criminal activity. Certification confirms: (1) individual is victim of qualifying crime, (2) victim possesses information about crime, (3) victim has been, is being, or likely to be helpful in investigation or prosecution. To obtain: contact investigating agency or prosecutor, explain U visa purpose, provide personal statement and documentation, request certification completion. Agencies have discretion to certify or decline.

What determines how long a U visa takes?

The statutory cap, above everything else. Congress limits principal U visas to 10,000 a year, and petitions beyond that number are placed on a waiting list until visas become available in a later year. Before that, USCIS reviews the I-918 for a bona fide determination — which grants deferred action and work permit eligibility, but is not U visa status. Once a visa becomes available and the petition is approved, U status is granted for 4 years. So there are three separate waits: the bona fide determination, the cap waiting list, and the final adjudication. The bona fide determination is what makes the wait survivable, because it allows lawful work and protection from removal while the petition sits on the list. Processing times change regularly — check the current figure for your form and service centre on the USCIS processing-times page, or ask us at your consultation.

Can I work while my U visa application is pending?

Yes, after receiving bona fide determination. USCIS issues bona fide determinations to U visa petitioners with facially approvable petitions. Bona fide determination provides: (1) deferred action (protection from removal), (2) work permit eligibility. File Form I-765 after receiving the bona fide determination notice; the current figure for that form is published on the USCIS processing-times page. The work authorisation is issued for a set period and is renewable. Even if U visa cap prevents immediate approval, bona fide petitioners may work legally in U.S. while on waitlist. This critical benefit allows crime victims financial stability during lengthy processing.

Can my family members get U visas?

Yes. Qualifying family members may receive derivative U visas. If principal applicant is 21 or older: spouse and unmarried children under 21 qualify. If principal applicant is under 21: spouse, children, parents, and unmarried siblings under 18 qualify. Derivatives file Form I-918 Supplement A concurrently with principal petition or after principal approval. Derivatives receive same 4-year U visa status, work authorization, and green card eligibility. Derivative petitions not counted toward 10,000 annual cap. Family unity is core U visa purpose—keeping victims safe with family support.

Can I get a green card from U visa status?

Yes. U visa holders may adjust status to permanent residence after 3 years of continuous physical presence in U.S. in U visa status. Requirements: (1) 3 years continuous presence since U visa approval, (2) Not unreasonably refused to cooperate with law enforcement, (3) Continued presence justified on humanitarian grounds, family unity, or public interest. File Form I-485 adjustment of status; the current figure for that form and office is published on the USCIS processing-times page. Most U visa holders qualify for green cards. Green card provides permanent residence for self and qualifying derivatives. After 5 years as permanent resident, may apply for U.S. citizenship.

What if I have criminal convictions or entered illegally?

U visa applicants may have inadmissibility issues including unlawful presence, unlawful entry, or criminal convictions. Form I-192 (Application for Advance Permission to Enter as Nonimmigrant) serves as waiver for most inadmissibility grounds. File I-192 concurrently with I-918 petition. USCIS evaluates waiver based on: crime victim circumstances, extent of hardship if denied, law enforcement interest in victim cooperation. Most inadmissibility grounds waivable for U visa except national security, genocide, torture, extrajudicial killings. Even serious criminal history often waived for bona fide crime victims cooperating with law enforcement.

How much do U visa attorneys charge in New York?

U visa attorney fees in New York depend on case complexity. Services include: eligibility assessment, law enforcement coordination for certification, I-918 petition preparation, personal statement drafting, evidence compilation, inadmissibility waiver if needed, derivative petitions for family members. Flat fees are quoted in writing before work starts, and payment plans are available. USCIS charges no filing fee for Form I-918, and U visa applicants pay no fee for the I-765 work permit; any government filing fees that do apply, such as the I-485 adjustment fee, are set by USCIS, published on uscis.gov, and listed separately from our fee.

Is this legal advice?

No. This content is for informational purposes and not legal advice. Consult with a licensed U visa attorney for advice specific to your situation.