What is a U Visa?
The U Visa is a nonimmigrant visa for people who have been victims of certain crimes in the United States. The purpose of the U Visa is to allow undocumented people who have been victims of crimes to report the crimes to authorities without fear of deportation.
What Are the Benefits of a U Visa?
If your U Visa is approved, you will receive a work permit which is valid for four years and the ability to apply for legal permanent residence after three years. If you are a legal permanent resident for five years, you may be able to apply for U.S. citizenship.
What is the Bona Fide Determination Process?
Given the long wait times for U Visa approvals, the United States Citizenship and Immigration Services (USCIS) began implementing in 2021 what is known as the “Bona Fide Determination Process.” Under this process, USCIS will evaluate your case at an early stage to determine if you filed the proper forms and submitted all required evidence, including a personal statement. USCIS will also determine if the application is not fraudulent and run a background check to review your criminal history.
If the bona fide determination is positive, you will receive Deferred Action and an employment authorization document valid for four years, which can be renewed until the U visa is finally approved.
What Are the Requirements for a U Visa?
To apply for a U Visa, you must meet the following requirements:
- Be a victim of a crime: To apply for a U Visa, you (or your child under 18) must have been the victim of at least one of the crimes listed in the statute, and the crime must have occurred within the United States. These crimes include kidnapping, sexual abuse, extortion, domestic violence, felonious assault, abduction, homicide, and murder, among others.
- Having suffered substantial abuse: You must demonstrate that you have suffered substantial physical or mental abuse as a result of the crime. This requirement can sometimes be difficult to prove, and an attorney can help you find the necessary resources, such as obtaining a medical or psychological evaluation.
- Having cooperated with law enforcement: To obtain a U Visa, you must have information about the crime, and have cooperated or be willing to cooperate with law enforcement in the investigation of the crime. As part of the U Visa process, you must submit a certification, signed in most cases by the police department, stating that you have cooperated with law enforcement. Hiring an attorney can also help you with this certification process.
If I apply for a U Visa, can I include my family members?
Yes, certain family members who were not victims of the crime may apply for a U Visa.
- If you are under 21 years old, your spouse, children, parents, and siblings under 18 years old can apply for a U Visa with you.
- If you are over 21 years old, your spouse and unmarried children under 21 years old can apply for a U Visa with you.
- If you were married after applying for a U Visa, you can include your new spouse as a dependent. If your new spouse has children who were under 18 when you married, you can also include them.
What Are the U Visa Processing Times?
Getting your U visa approved will likely take several years. In 2025, our office received approvals for U Visa applications that were filed approximately eight years before. And, as previously indicated, the process does not end there, because after the U Visa is approved, the applicant must wait another three years to apply for residency.
One of the reasons this process takes so long is that the government only grants 10,000 U visas per year, and many more people apply for U visas each year, so the list of people waiting for their cases to be approved keeps getting longer.
Is It Worth Applying for a U Visa Despite the Delay?
Yes, it is worth applying for a U visa despite the long processing times because you could obtain Deferred Action sooner, even in just months. Deferred action does not grant you legal immigration status in the United States, but it does allow you to obtain an employment authorization document and a Social Security number, so you can work legally in the United States while you wait for a decision on a U visa.
Should I Hire a Lawyer to Apply for a U Visa?
Although you can apply for a U Visa on your own, it is very difficult to get your case approved without the advice of an experienced immigration attorney.
The outcome of a U visa could determine your future in the United States, because if you lose your case, you could be placed in removal proceedings. That is why it is important to consult with an experienced attorney to evaluate your case.
At Bienvenidos Law Firm, Inc., we have over 25 years of experience in immigration cases. Please call us at 763-951-2235 or email blf@bienvenidoslaw.com to schedule an appointment today!
