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May 3, 2023

Does a U Visa Lead To a Green Card?

The U visa is a nonimmigrant visa for 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 the criminal activity. It allows the victim to remain in the United States for up to four years and work legally while they assist law enforcement with the investigation or prosecution of the crime.

After three years of being in the U visa status, the U visa holder may be eligible to apply for adjustment of status to become a lawful permanent resident (LPR), also known as a green card holder. This requires meeting certain eligibility requirements, including having a valid U visa, being admissible to the United States, and meeting any other requirements for the specific category of adjustment of status being pursued.

Additionally, U visa holders may be eligible for other types of immigration relief, such as waivers of certain grounds of inadmissibility or eligibility for certain employment-based or family-based visas. It is important to consult with an experienced immigration attorney to explore all available options and determine the best course of action.

What Crimes Qualify for a U Visa?

To be eligible for a U visa, the crime must fall under the category of qualifying criminal activities as defined by U.S. immigration law. These include:

• Domestic violence
• Sexual assault
• Human trafficking
• Stalking
• Rape
• Incest
• Abduction
• False imprisonment
• Witness tampering
• Perjury
• Torture
• Felonious assault
• Blackmail
• Female genital mutilation

You must have suffered substantial physical or emotional harm as a result.

Required Documentation: What You Need to Apply

Key forms and evidence needed:

• Form I-918 – Petition for U Nonimmigrant Status
• Form I-918, Supplement B – Certification of helpfulness from law enforcement
• Personal statement – Describing the nature and impact of the crime
• Supporting documents – Police reports, medical records, affidavits, witness letters
• Form I-192 – Request for a waiver if you are inadmissible

Step-by-Step U Visa Application Timeline

• Gather Evidence and Documentation
• Obtain Law Enforcement Certification (Form I-918B)
• File Form I-918 & I-192 (if applicable)
• Receive a Receipt Notice from USCIS
• Bona Fide Determination (BFD) – Optional work permit issued
• Wait for adjudication – Current wait times: 5–6+ years
• Receive U Visa approval & 4-year status
• Apply for adjustment of status (green card) after 3 years

Eligibility Requirements For A U Visa

To be eligible to apply for a U visa in the United States, you need to fulfill the following requirements:

• You’ve been a victim of a crime that qualifies under the U visa category.
• The crime you have suffered has caused significant harm to your mental and/or physical condition.
• You have the understanding of the crime committed. However, if the victim is underage or is unable to explain the crime due to his or her disability, the parent or a guardian might deliver the information on behalf of the victim.
• You intend to assist the legal authorities in investigating and prosecuting the crime and the criminal. In a case where the victim is underage or is unable to help law enforcement due to his or her disability, the parent, guardian, or a close friend may assist law enforcement on the victim’s behalf.
• The crime took place within the United States or goes against the U.S. state law
• You can enter the country freely. Form I-192, Application for Advance Permission to Enter as a Nonimmigrant, can be used to request a waiver if you do not meet admissibility requirements.

What Happens If My U Visa Is Denied?

Denials are rare but possible. You may be denied for:

• Failing to provide credible evidence
• Lack of helpfulness to law enforcement
• Inadmissibility without waiver approval
• Past immigration violations or crimes

If denied:

• Consult an immigration attorney immediately
• Consider refiling with additional evidence
• Explore alternative relief like the T visa, asylum, or VAWA
• You may not be placed in removal proceedings automatically, but it’s essential to seek legal advice

Can U Visa Holders Travel Outside the U.S.?

Generally, U visa holders should not travel outside the U.S. unless they first apply for Advance Parole using Form I-131. If you leave without this, your visa may be considered abandoned.

Travel should be limited and only for serious emergencies or humanitarian reasons. Always consult your attorney first.

Qualifying for a Green Card Through a U Visa

It is possible to turn your U visa into a green card through a process known as adjustment of status. A U visa holder can change the status of the U visa to a permanent resident in the United States by fulfilling the following criteria:

• You have been living in the United States for three consecutive years after entering the country with a U non-immigrant visa, and you continue to hold the status of your visa at the time of applying for permanent residence.
• You have continually proven yourself helpful with the investigation and prosecution of crimes and cooperated with law enforcement without unreasonably refusing to assist.
• You are not forbidden to enter United States under section 212(a)(3)(E) of the Immigration Nationality Act; and
• You prove that your stay in the United States is warranted on humanitarian, family unity, or public interest grounds.

Derivative U Visa Applicants

If you have a pending application for adjustment of status for a U visa, i.e., Form I-485 application, your family, including your spouse, unmarried children under the age of 21, and parents, may also apply for permanent residence in the U.S. as long as they fulfill the following criteria:

• None of the family members held a U visa to enter the United States; and
• The U-1 principal applicant or the family member will be subject to hardship if the family member is not allowed to enter or remain in the United States.

U Visa vs. T Visa vs. VAWA – What’s the Difference?

Program	Purpose	Key Requirements
U Visa	Victims of qualifying crimes	Must assist law enforcement
T Visa	Victims of trafficking	Must prove force/fraud/coercion
VAWA	Abused family of U.S. citizens/LPRs	No law enforcement help required

Frequently Asked Questions (FAQs)

Q: Can I work while waiting for a U visa?

Yes. If USCIS issues a Bona Fide Determination, you may receive a work permit (EAD) and deferred action.

Q: Can I apply for a green card from a U visa?

Yes. After 3 years in U visa status, you may file Form I-485 to adjust status.

Q: Can I bring my children or spouse?

Yes. Spouse, unmarried children under 21, and sometimes parents, may qualify for derivative U visa status.

Q: What is Form I-918B?

It’s a certification signed by law enforcement that proves your helpfulness in the investigation or prosecution of the crime.

Q: Can I travel outside the U.S.?

Only with Advance Parole (Form I-131). Otherwise, you risk abandonment of your visa.

Local Support for U Visa Victims in Los Angeles

Sidman Law Group is located in Los Angeles, CA, and we proudly serve individuals throughout California. If you’re searching for a U visa immigration lawyer in Los Angeles, our experienced team is ready to help you file, respond to RFEs, and navigate long wait times.

Get Legal Assistance from Sidman Law Group

Applying for a U visa and transitioning to permanent residency is a complex, multi-step process. At Sidman Law Group, we understand the trauma and legal challenges victims face. Our experienced immigration attorneys are here to:

• Evaluate your eligibility
• Help you gather and submit the necessary documents
• Secure law enforcement certification
• Guide you through the adjustment of status
• Apply for waivers and other immigration benefits

Let us protect your future while you recover from the past.

Call us today at 818-981-0352

Or fill out our online form, and we’ll respond as soon as possible.