Published February 10, 2025 · By Attorney Luis Morales
The U Visa is an immigration benefit created by Congress to protect victims of certain crimes who have suffered substantial mental or physical abuse and who have cooperated — or are willing to cooperate — with law enforcement or judicial authorities in the investigation or prosecution of those crimes.
To qualify for the U Visa, you must meet all of these requirements:
You were a victim of a qualifying crime committed on US territory.
You suffered substantial mental or physical abuse as a result of the crime.
You have information useful about the crime (as the victim, you generally meet this).
You have cooperated, are cooperating, or are likely to cooperate with authorities.
The crime violated US or state laws where it occurred.
One of the most important documents in a U Visa application is the law enforcement certification (Form I-918B). It must be signed by a law enforcement agency, prosecutor, judge, or other qualifying authority certifying your cooperation. In Osceola County, this may be the Osceola County Sheriff's Office or the State Attorney's Office.
An attorney can help you contact the right authority and request the certification. This is one of the most critical — and complicated — steps in the process.
Temporary legal status for 4 years in the US.
Work permit (Employment Authorization Document).
Protection from deportation while the visa is valid.
Ability to include qualifying family members (spouse, children, in some cases siblings under 18).
Path to permanent residence after 3 years with U Visa status.
This article is informational and does not constitute legal advice. Every case is unique. Consult with an attorney before making decisions about your U Visa case.
Not directly. The U Visa is a temporary 4-year status. However, after 3 years with U Visa status, if you meet certain requirements, you may apply for permanent residence (Green Card) through Form I-485.
Qualifying crimes include: sexual assault, sexual abuse, kidnapping, human trafficking, extortion, domestic violence, aggravated assault, stalking, obstruction of justice, and over 30 additional categories. The crime must have occurred on US territory or violated federal laws.
If you fear cooperating due to threats, inform the authorities. Protections exist for victims who cooperate. The police certification documents your cooperation — you don't necessarily have to testify at a trial.
Current wait times are 5 to 6 years, as there is a cap of 10,000 visas per year and demand is high. However, while waiting, USCIS may grant 'deferred action' which protects you from deportation and allows you to apply for a work permit.
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