Visas for Victims of Criminal Activity

• Overview
• File a Petition
• How to Apply for a U Nonimmigrant Visa
• Required Documents
• What are the Required Visa Fees?
• Additional Documents and Next Steps
• Traveling Abroad with U Nonimmigrant Status
• Visa Ineligibility
• Misrepresentation of Material Facts or Fraud
• Entering the U.S. – Post of Entry
• Adjustment of Status
• How Do I Extend My Stay?
• How Do I Change My Status?
• Revocation of U Status
• Further Inquiries
• Reference – U.S. Law

Overview

Victims of certain criminal activities that either occurred in the United States or violated U.S. laws may be eligible to petition for U nonimmigrant status to the U.S. Citizenship and Immigration Services (USCIS). Victims must have suffered substantial mental or physical abuse due to the criminal activity and possess information concerning that criminal activity. Law enforcement authorities must also certify that the victim has been, is being, or is likely to be helpful in the investigation or prosecution of the criminal activity.

Information about the law that created this visa category is available under Reference - U.S. Law.

What is the difference between U nonimmigrant status and a U nonimmigrant visa?

USCIS approves U nonimmigrant petitions both for people who are in the United States and for those abroad. Individuals already present in the United States who have an approved petition are immediately granted U nonimmigrant status by USCIS.

Individuals overseas who have approved U visa petitions, or who already have U nonimmigrant status and have traveled overseas, are required to apply for a U visa at a U.S. embassy or consulate. If issued a U visa, the individual will be in U nonimmigrant status after entering the United States.

If you are overseas and wish to apply for U-1 nonimmigrant status, first you must petition directly to the USCIS Vermont Service Center. U.S. embassies and consulates abroad are not permitted to accept petitions for U nonimmigrant status. Once the petition is approved, you may apply for a visa.

If you already have U-1 nonimmigrant status granted by USCIS but have traveled outside the United States, you must apply for and be issued a U visa at a U.S. embassy or consulate for re-entry to the United States. Learn more.

If you are a qualifying family member of a victim with U-1 nonimmigrant status and you are outside the United States, first you must receive a USCIS Form I-797, Notice of Action, stating your petition has been approved. Then you must schedule your U visa appointment at a U.S. embassy or consulate to apply for a visa.

The first step toward petitioning for a U nonimmigrant visa is to file Form I-918, Petition for U Nonimmigrant Status, with the U.S. Citizenship and Immigration Services (USCIS). You must submit Form I-918 Supplement B, U Nonimmigrant Status Certification, at the same time you submit Form I-918.  Review Victims of Criminal Activity and Questions & Answers on the USCIS website for more information about petitioning for a U visa.

You may include certain family members on your petition by completing Form I-918 Supplement A, Petition for Qualifying Family Member of U-1 Recipient. You must complete and file a separate Supplement A form for each family member for whom you want to petition. You may petition for family members at the same time you submit Form I-918 and Supplement B for yourself, or you may petition for them at a later date. Depending on your age, you may petition for the following family members:

If you are:	Then you may petition for your:
under age 21,	Spouse,  Children under age 21,  Parents, and Unmarried siblings under age 18
age 21 or older,	Spouse and Children under age 21

If you file Form I-918 Supplement A for children who are overseas and under the age of 21, they must be issued visas by a U.S. embassy or consulate and enter the United States before turning 21. Unmarried siblings who are under the age of 18 when you file Form I-918 Supplement A may be older than 18 when they are issued visas by a U.S. embassy or consulate.

Forms I-918, I-918 Supplement A, and I-918 Supplement B must be submitted directly to the USCIS Vermont Service Center, regardless of where you or your qualifying family members are currently located. Before USCIS approves your petition, you and your qualifying family members aged 14-79 will receive a Notice of Action instructing you to go to the nearest USCIS office for fingerprinting. If you or your qualifying family members are outside the United States, you must submit your fingerprints at the nearest USCIS office. If there is no USCIS office in your country, you must go to a U.S. embassy or consulate to have your fingerprints taken. Check the embassy or consulate website for instructions on requesting a fingerprinting appointment for a U nonimmigrant petition. Contact the Nonimmigrant Visa section if you have questions, and be sure to specify that you need fingerprints collected as part of a U nonimmigrant petition. There is no fee for this fingerprinting service. Do not wait for the U.S. embassy or consulate to contact you. USCIS will inform you in writing when your petition is approved or denied. If your petition is approved by USCIS, you will receive a notice of approval on Form I-797, Notice of Action, from USCIS stating your petition has been approved.

If your Petition for U Nonimmigrant Status is approved by USCIS and you are outside of the United States, you must apply for a U visa at a U.S. embassy or consulate, generally in your country of permanent residence. You may request your visa appointment immediately upon receiving the Form I-797 from USCIS stating your U nonimmigrant petition was approved. Do not wait for the U.S. embassy or consulate to contact you.

As part of the visa application process, an interview with a consular officer at a U.S. embassy or consulate is required for visa applicants from age 14 through 79, with few exceptions. Applicants who are age 13 and younger, and age 80 and older, generally do not require interviews, unless requested by the U.S. embassy or consulate. The waiting times for interview appointments can vary, so you are encouraged to apply early for your visa. Wait times for interview appointments and visa processing time information for each U.S. embassy or consulate worldwide are available on our website at Visa Wait Times and on most embassy and consulate websites.

During the visa application process, usually at the interview, ink-free, digital fingerprint scans will be taken. Some visa applications require further administrative processing, which takes additional time after the visa applicant’s interview with a consular officer. For information on how to schedule an interview at the U.S. embassy or consulate where you will apply for your visa, please visit their specific U.S. embassy or consulate website.

Each applicant must submit these forms and documentation as explained below:

• Online Nonimmigrant Visa Application, Form DS-160 - Learn about completing the DS-160. You must: 1) complete the online visa application; and 2) print the application form confirmation page to bring to your interview.
• Photo – You will upload your photo while completing the online Form DS-160. Your photo must be in the format explained in the Photograph Requirements.
• Passport valid for travel to the United States and with a validity date of at least six months beyond your intended period of stay in the United States (unless country-specific agreements provide exemptions). If more than one person is included in the passport, each person who needs a visa must submit a separate application.
• Form I-797, Notice of Action, from USCIS indicating approval of a U nonimmigrant petition.

• Nonimmigrant visa application processing fee: For current nonimmigrant visa application fees, select Fees. You will need to provide a receipt showing the visa application processing fee has been paid when you come for your visa interview.
• Visa issuance fee: If the visa is issued, there may be an additional visa issuance reciprocity fee, if applicable. This is determined by your country of nationality. Please consult the Visa Reciprocity Tables to find out if you must pay a visa issuance reciprocity fee and the fee amount due.

You should refer to the U.S. embassy or consulate website in your country of residence to find out about visa processing time frames and instructions, learn about interview scheduling, and find out if there are any additional documents required. Learn more by reviewing the U.S. embassy or consulate website.

Under U.S. law, many factors could make an applicant ineligible to receive a visa. In some instances, the law might allow you to apply for a waiver of the ineligibility. If you are able to apply for such a waiver, the consular officer will advise you on the steps to take. See Ineligibilities for U.S. Visas.

If you are ineligible for a U visa, you must file Form I-192, Application for Advance Permission to Enter as a Nonimmigrant, directly with the USCIS Vermont Service Center. The U.S. embassy or consulate cannot issue a visa until USCIS has made a determination on the Form I-192. If approved, USCIS will notify you and the U.S. embassy or consulate where you applied for your visa. If you receive notification that your waiver has been approved, follow the “221(g)” instructions on the embassy’s or consulate’s website for how to proceed with your application. Do not wait for the embassy or consulate to contact you.

Attempting to obtain a visa by the willful misrepresentation of a material fact, or fraud, may result in the permanent refusal of a visa or denial of entry into the United States.

A visa allows a foreign citizen to travel to the U.S. port-of entry and request permission to enter the United States. You should be aware that a visa does not guarantee entry into the United States. The Department of Homeland Security (DHS), U.S. Customs and Border Protection (CBP) officials have authority to permit or deny admission to the United States. Travelers should review important information about admissions and entry requirements on the CBP website under Travel.

Information about adjustment of status to a lawful permanent resident is available on the USCIS website under Green Card for a Victim of a Crime (U Nonimmigrant). U nonimmigrants eligible to adjust status must file Form I-485, Application to Register Permanent Residence or Adjust Status, directly with the USCIS Vermont Service Center. See the special Supplement E Instructions to Form I-485 for further details.

If a U-1 principal nonimmigrant is eligible to adjust status to a lawful permanent resident and has qualifying family members who have never held derivative U nonimmigrant status, those family members may be eligible to become lawful permanent residents by filing Form I-929, Petition for Qualifying Family Member of a U-1 Nonimmigrant. The Form I-929 must be filed directly with the USCIS Vermont Service Center.

U nonimmigrants are required to have approval from the USCIS Vermont Service Center to stay beyond the date indicated on their Form I-94. To receive an extension of U nonimmigrant status, a U nonimmigrant must file a Form I-539, Application to Extend/Change Nonimmigrant Status. See page 8 of the USCIS Policy Memo PM-602-0032.1 on the USCIS website for more guidance.

Some nonimmigrant visa holders, while present in the United States, are able to file a request which must be approved by USCIS to change to another nonimmigrant status. See Change My Nonimmigrant Status on the USCIS website.

Important Note: Filing a request with USCIS for a change of status before your authorized stay expires, while you remain in the United States, does not by itself require you to obtain a new visa. However, if you cannot remain in the United States while USCIS processes your change of status request, you will need to apply for a nonimmigrant visa at a U.S. embassy or consulate abroad.

If the Department of Homeland Security (DHS) revokes a principal petitioner’s U-1 nonimmigrant status, all family members deriving U nonimmigrant status from the revoked U-1 principal petitioner will have their status revoked, as well. Also, family members residing abroad awaiting decisions on their petitions for derivative U nonimmigrant status (U-2, U-3, U-4, or U-5) will be denied.

For questions about:	please refer to:	through this website:
Filing Form I-918, Petition for U Nonimmigrant Status, including Supplements A and B	USCIS	USCIS – Victims of Criminal Activity: U Nonimmigrant Status
Applying for a U visa at a U.S. embassy or consulate overseas, based on your approved petition	the U.S. embassy or consulate with jurisdiction over your place of residence	Websites of U.S. embassies, consulates, and diplomatic missions

In October 2000, the United States Congress created the U nonimmigrant status for victims of criminal activity by passing the Victims of Trafficking and Violence Protection Act of 2000. This visa category is limited to 10,000 principals with U-1 status per year.