U visa humanitarian protection

A U visa case must connect the qualifying crime, resulting abuse, reliable information, and continuing helpfulness to a valid certification.

U nonimmigrant status is available to certain victims of qualifying criminal activity who suffered substantial physical or mental abuse and have been, are being, or are likely to be helpful to authorized officials. Form I‑918 Supplement B certification is essential, but certification alone does not establish eligibility or guarantee approval.

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Protected crime records and humanitarian immigration evidence organized for a U visa petition — Certification, helpfulness, crime classification, resulting abuse, admissibility, and safety must be developed as one protected case record.

Eligibility framework

Test every statutory element before seeking certification

Does the conduct fit a qualifying criminal-activity category, including an attempt, conspiracy, or solicitation where applicable?
Did the activity occur in the United States or violate U.S. law, and does the petitioner possess credible and reliable information?
Did the petitioner suffer substantial physical or mental abuse as a result, and can that harm be documented cumulatively?
Has the petitioner been, is the petitioner being, or is the petitioner likely to be helpful—and will an authorized agency sign Supplement B?

Case preparation

Coordinate the certification and USCIS petition

Obtain police reports, incident records, charging documents, protective orders, court records, agency correspondence, and the certifying official’s requirements.
Prepare a precise declaration explaining the criminal activity, the petitioner’s knowledge, reporting, assistance, continuing availability, and resulting harm.
Document physical injury, trauma, treatment, daily effects, duration, severity, age or vulnerability, and aggravating circumstances through available credible evidence.
Review immigration and criminal history, Form I‑192 waiver issues, qualifying family members, safe correspondence, removal proceedings, and filing timing after certification.

The state charge label is not the final immigration analysis

Qualifying criminal activities are federal immigration categories, not a mechanical list of state statutory titles. Domestic violence, felonious assault, sexual assault, stalking, kidnapping, extortion, witness tampering, obstruction, and other listed categories may qualify, as may attempts, conspiracies, or solicitations. The facts and elements must be compared to the federal category.

The petitioner must also have credible and reliable information about the activity. For a petitioner under sixteen, or a person who is incapacitated or incompetent, a parent, guardian, or next friend may provide the required assistance under the applicable rules.

Certification is necessary but not an approval

An authorized law-enforcement agency, prosecutor, judge, or other qualifying official uses Form I‑918 Supplement B to certify the criminal activity and the victim’s helpfulness. The certifying agency decides whether to sign; USCIS independently decides immigration eligibility.

A completed Supplement B is generally valid for six months from the certifying official’s signature. If Form I‑918 is not filed within that period, a new certification is normally required. The record should therefore be substantially prepared before requesting or receiving the signature.

Abuse, admissibility, and long-term procedure remain separate issues

The petitioner must show substantial physical or mental abuse resulting from the qualifying activity. USCIS evaluates the nature and severity of the injury, duration, permanence, treatment, trauma, vulnerability, and cumulative effects; no single document necessarily controls.

USCIS also evaluates admissibility. Form I‑192 may be needed to request waiver of applicable grounds, and favorable discretion should be supported directly. Statutory limits create long waits in many U cases, so the filing must distinguish the petition, any waitlist or bona-fide-determination stage, employment authorization, qualifying derivatives, and the later permanent-residence process.

Important

Facts and procedure determine the route.

Do not treat a police report, arrest, prosecution, or signed certification as automatic U-visa eligibility. The crime category, helpfulness, resulting abuse, certification authority, signature timing, admissibility, discretion, derivatives, safety, and any removal case require separate analysis.

Official reference: USCIS — Victims of Criminal Activity: U Status

Questions clients ask

Issues to resolve before filing.

Must the perpetrator be convicted?

No conviction is universally required. The case focuses on qualifying criminal activity, victimization, information, helpfulness, substantial abuse, certification, and the remaining eligibility rules.

What is Form I-918 Supplement B?

It is the required certification completed by an authorized official concerning the qualifying activity and the victim’s helpfulness.

How long is the certification valid?

USCIS instructions state that Supplement B is valid for six months from the certifying official’s signature for filing Form I‑918.

Does a signed certification guarantee approval?

No. USCIS independently decides every eligibility, admissibility, evidence, and discretionary issue.

Can family members be included?

Certain qualifying family members may be eligible as derivatives, depending in part on the principal petitioner’s age and the relationship.

Can someone in removal proceedings pursue a U visa?

Potentially, but USCIS and EOIR procedures, custody or removal risk, stays, motions, and waivers must be coordinated case by case.

Talk through the facts

Describe your situation and the decision you need to make.

For an initial inquiry, briefly describe:

The type of proceeding or protection issue and whether a case is already pending.
Any hearing notice, government decision, or prior filing relevant to the issue.
The next hearing or response date and whether the person is currently detained.

A short summary is enough. Send no passport numbers or confidential documents.

Initial contact does not create an attorney-client relationship. Case acceptance follows conflict and scope review.

Request a case assessment 804-408-9192