Qualifying Criminal Activity
Determine whether the conduct fits a listed qualifying crime or qualifying substantially similar activity.
U Visa representation for certain victims of qualifying criminal activity who suffered substantial physical or mental abuse and who have been, are being, or are likely to be helpful to law enforcement or another qualifying authority.
The analysis should address the qualifying crime, the harm suffered, helpfulness, agency certification, immigration history, inadmissibility issues, and any derivative family members.
A U Visa is a form of nonimmigrant status for certain victims of qualifying criminal activity. The applicant generally must show substantial physical or mental abuse, information about the crime, helpfulness to a qualifying authority, and admissibility or a viable waiver strategy.
U Visa cases are fact-specific. The conduct, harm, cooperation, certification, immigration record, and requested family benefits all need to line up with the statute.
Determine whether the conduct fits a listed qualifying crime or qualifying substantially similar activity.
Document the physical or mental harm caused by the criminal activity using credible, case-specific evidence.
Show that the applicant has been, is being, or is likely to be helpful to the investigation or prosecution.
Identify the correct certifying authority and prepare Form I-918 Supplement B with the supporting record.
Screen the full immigration and criminal history and determine whether Form I-192 or another strategy is needed.
Evaluate which qualifying relatives may seek derivative U status based on age and relationship.
A strong U Visa filing can include police reports, court or investigative records, declarations, medical or counseling documentation when appropriate, immigration records, and the certification package. The goal is not to overwhelm USCIS with paper—it is to connect each fact to a legal requirement.
Collect police reports, incident records, court documents, protective orders, or other available records describing the qualifying conduct.
Identify the proper agency and prepare the request for Form I-918 Supplement B with a concise supporting package.
Develop the applicant’s declaration and supporting medical, counseling, employment, family, or other evidence when relevant.
Review entries, removals, prior filings, arrests, convictions, and other facts that may create an inadmissibility issue.
The filing sequence should follow the legal analysis, not the other way around.
Match the facts to the qualifying-crime, harm, helpfulness, and presence requirements.
Prepare and pursue Form I-918 Supplement B from an authorized certifying agency.
Prepare declarations, supporting records, derivative filings, and any necessary waiver application.
Submit the petition and track work authorization, derivative issues, and possible future adjustment of status.
If a person is already in removal proceedings, the U Visa strategy should be coordinated with the immigration-court case. Timing, continuances, stays, prosecutorial discretion, detention, and other forms of relief may all need to be evaluated together. See our deportation defense and immigration court pages for related representation.
A U Visa is a nonimmigrant status for certain victims of qualifying criminal activity who suffered substantial physical or mental abuse and who have been, are being, or are likely to be helpful to law enforcement or another qualifying authority.
Federal law lists qualifying criminal activities that can include domestic violence, sexual assault, trafficking, kidnapping, felonious assault, stalking, obstruction of justice, witness tampering, and certain related or similar conduct. Eligibility depends on the facts and legal requirements.
Form I-918 Supplement B is generally required. A qualifying certifying agency must confirm that the applicant has been, is being, or is likely to be helpful in the investigation or prosecution of qualifying criminal activity.
Some principal U Visa applicants may seek derivative status for qualifying family members. Which relatives qualify depends in part on the principal applicant’s age and family relationship.
A person granted U nonimmigrant status may later be eligible to apply for adjustment of status after satisfying the required period of continuous physical presence and the other statutory requirements.
Tell us what happened, where the crime occurred, whether it was reported, which agency was involved, whether you assisted investigators or prosecutors, and whether you have any current immigration-court or detention issues.
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