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630-392-8101 | 630-392-8101
info@kasturilaw.com
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What is U Non-Immigrant Visa?

The U Non-immigrant visa is specifically for victims of crimes who have suffered mental or physical abuse. These individuals must be willing to assist law enforcement and government officials in the investigation of criminal activity. To petition for a U Non-immigrant status, Form I-918 is the form used to petition by the victim or a third party on behalf of the victim. A Federal, State or local government official can verify that the victim has been, is being, or will likely be helpful in the prosecution of the criminal acts of which he or she was a victim. A family member may also obtain a U Non-immigrant status using Form I-929. Call our Experienced U Visa Attorney Today at 630-392-8101.

At Kasturi Law, LLC,, Shobhana Kasturi, our Naperville and Schaumburg immigration and nationality law attorney and law firm founder, represents clients in DuPage, Cook, and Will Counties throughout Illinois and nationwide.

Shobhana is a proud first-generation immigrant who practices immigration law to give a voice to those who most need it — including those seeking U Visa and Non-Immigrant Visas.

The U visa is a non-immigrant visa category designed to provide temporary legal status to victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity.

The U visa allows eligible individuals and their qualifying family members to remain in the United States for up to four years, with the possibility of obtaining lawful permanent residency (Green Card) after three years.

US Passports with wooden judge gavel on American flag representing u visa and non immigrant visa lawyer.

Who Qualifies for a U Visa in the United States?

To qualify for a U.S. visa, an individual must meet specific eligibility criteria established by U.S. immigration law.

These criteria include:

  • Victim of Qualifying Crime

The individual must have been a victim of one or more qualifying criminal activities, which may include but are not limited to domestic violence, sexual assault, human trafficking, abduction, blackmail, extortion, felonious assault, involuntary servitude, kidnapping, or other similar crimes.

  • Suffered Substantial Physical or Mental Abuse

The individual must have suffered substantial physical or mental abuse as a result of the qualifying crime. This requirement ensures that the victim has experienced significant harm due to the criminal activity.

  • Assistance to Law Enforcement

The individual must possess credible and reliable information about the qualifying crime and be willing to assist law enforcement or government officials in investigating or prosecuting the criminal activity. This assistance is critical to the U visa application process.

  • Presence in the United States

Due to the qualifying crime, the individual must be present in the United States, U.S. territories, or at a port of entry. This requirement ensures that the U visa is available to victims who are already in the United States and need protection and assistance.

  • Admissibility

The individual must meet admissibility requirements or be eligible for a waiver of any grounds of inadmissibility. This includes considerations such as criminal history, immigration violations, and other factors that may affect admissibility to the United States.

Can U Visa Applicants Include Their Family Members in the Petition?

Individuals applying for a U visa may include certain family members as derivatives, including spouses, children, parents, and unmarried siblings under 18. They are also eligible for U visa status based on their relationship to the principal applicant.

Do You Need Help Seeking a U Visa?

Meeting the eligibility criteria is just the first step in the U visa application process. Applicants must also submit a complete application package, including evidence of eligibility and other required documentation, and undergo background checks as part of the adjudication process.

At Kasturi Law, LLC, our immigration practice is driven by the desire to give a voice to those who most need it, including those seeking U Visa and Non-Immigrant Visas. We can help you navigate the application process and meet all requirements to increase your chances of success.

Contact our immigration law firm today to schedule a consultation that suits your needs.

Whether you prefer an in-person meeting, a phone call, or a Zoom session, we are here to accommodate you. You can even schedule a consultation directly using our online calendar, choosing between 30-minute or 60-minute timeframes. We value your time and want to ensure that your immigration questions receive the attention they deserve, helping you confidently move forward.

Our immigration attorneys also focus on the following areas:

Related Links:

Frequently Asked Questions for U Non-Immigrant Visa

Why You Should Talk to an Immigration Lawyer if you're Pursuing a U-Visa?

There are two main reasons having an experienced immigration lawyer on your side is beneficial if you are applying for a U-Visa. First, a lawyer is familiar with the process, forms, and evidence required to give you the best chance for success. An attorney can also help you strategize your approach to filing for a U visa. Your goal should be to give yourself the best chance for a successful application.

How can one qualify?

You may be eligible for a U Non-Immigration visa if:

  • You have suffered substantial physical or mental abuse because of being a victim of criminal activity.
  • You have knowledge about the criminal activity.
  • You are helpful, willing to be helpful or are likely to be helpful to law enforcement in the investigation or prosecution of the crime.
  • The crime occurred within the United States or violated the law of the United States.
  • You are admissible to the United States. You may apply for a waiver if inadmissible.

How can Kasturi Law, LLC assist you?

  • Discussing in detail the time frame and process/cost involved.
  • Filing petitions related to the U Visa process.
  • Filing application for Advance Parole documents for travel outside the United States.
  • Assisting with adjustment of status when the U visa status holder is eligible to file for adjustment of status.

Attorney Shobhana Kasturi ( Owner at Kasturi Law, LLC ) is dedicated to zealous and effective representation. Call (630) 392-8101 today or email info@kasturilaw.com today for a 10 minute free consultation.

How do I know if the crime I witnessed qualifies?

Qualifying Criminal Activities Abduction

  • Abduction
  • Abusive Sexual Contact
  • Blackmail
  • Domestic Violence
  • Extortion
  • False Imprisonment
  • Female Genital Mutilation
  • Felonious Assault
  • Fraud in Foreign Labor Contracting
  • Hostage
  • Incest
  • Involuntary Servitude
  • Kidnapping
  • Manslaughter
  • Murder
  • Obstruction of Justice
  • Peonage
  • Perjury
  • Prostitution
  • Rape
  • Sexual Assault
  • Sexual Exploitation
  • Slave Trade
  • Stalking
  • Torture
  • Trafficking
  • Witness Tampering
  • Unlawful Criminal Restraint
  • Other Related Crimes (crimes with the related elements)

What steps do I need to take to secure the U visa?

To apply for a U Non-Immigrant status, complete and submit: Form I-918

Form -918 Supplement B, U Non-immigrant Status Certification. The Form has to be signed by and an authorized officer of the certifying law enforcement agency. This can include Federal, State and Local law enforcement agencies; Federal, State, and local prosecutors’ offices Federal, State, and local Judges; Federal, State, and local Family Protective Services; Equal Employment Opportunity Commission; Federal and State Departments of Labor; and other investigative agencies. The certifying agent must state that you were helpful. They must state that you are currently being helpful, or will likely be helpful in the investigation or prosecution of the case. Without the certification, the applicant will not be eligible for the U Visa.

If any inadmissibility issues are present, you must file a Form I-192 (Application for Advance Permission to Enter as Nonimmigrant). This allows one to request a waiver for the inadmissibility

A personal statement describing the criminal activity of which you were a victim.

I have heard there is a CAP on these Visa’s? Is this true?

There is an annual Visa Cap.

The limit on the number of U visas that may be granted to principal petitioners annually is 10,000. This cap does not extend to family members deriving status such as spouses, children, or other qualifying family members.

If the cap is reached before all U nonimmigrant petitions have been reviewed, USCIS creates a waiting list for applicants who are waiting for a decision. Those on the waiting list can be granted deferred action and can get work authorization until a final decision is made and the U visa is available.

Once additional visas become available, applicants on the waiting list will get a visa based on when their petition was received. They do not have to take more action to secure their Visa.

Can my family also get the U Visa?

Yes, certain qualifying family members can also get the U Visa. If you are under 21 years of age and the applicant, your spouse, children, parents, and unmarried siblings under the age of 18 may qualify. If you are over 21 years of age, your spouse and children may qualify.

Of course, the principal applicant’s petition must be first approved prior to the family securing their U Visa.

How long is the Visa Valid?

It is valid for 4 years, but there is a possibility of an extension. This visa is a non-immigrant visa. However, you may apply for a green card after 4 years if you meet certain requirements. Please call me to discuss your options.

I have a U Visa. Some of my family members have derived the U Visa via me also. I am eligible for the green card. Will my family member qualify?

If the family member deriving status based on your status has met the requisites for a Green Card, they may apply for lawful permanent residence. They can file form I-485 independently from the principal applicant.

I am outside the US. May I petition for the U Visa?

You may qualify for the U Visa. An analysis would have to be done with regards to your circumstances. There would be some steps you would need to take:

Complete and submit necessary forms for U Nonimmigrant status with the Vermont Service Center.

Follow directions that are communicated by the Vermont Service Center. These instructions include having your fingerprints taken at the nearest U.S. Embassy or Consulate.

If you are granted the U Visa, you must complete the consular process before entering the U.S. This will encompass an interview with the consular officer at the nearest U.S. Embassy or Consulate.

May I receive work authorization while my U Visa Application is pending?

In the summer of 2021, USCIS began issuing employment authorization to U visa applicants whose applications they have initially reviewed and made a “Bona Fide Determination” that their application seems to meet the basic requirements. This is not an approval of the U Visa, but it does alleviate the long wait for valid employment authorization while the U visa is pending.

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