Applying for U Nonimmigrant Status (U Visa)
What USCIS Forms do you need to file? What evidence should be sent with the U Visa application? What other documents are required for a U visa? The answers to all those questions and more are below in this brief guide to filing for U nonimmigrant status.
FORMS TO FILE:
- G-28 (if represented by an attorney)
- I-918 Supp A
- I-918 Supp B
- I-192 (if applicable)
You will need to file a separate I-918 Supp A for each derivative that will be a part of the application.
TO APPLY (PETITION) FOR A U NONIMMIGRANT STATUS, SUBMIT:
- Form I-918, Petition for U Nonimmigrant Status
- Form I-918, Supplement B, U Nonimmigrant Status Certification. The Form I-918, Supplement B, must be signed by an authorized official of the certifying law enforcement agency (PDF, 948.64 KB) and the official must confirm that you were helpful, and currently being helpful, or will likely be helpful in the investigation or prosecution of the case.
- If any inadmissibility issues are present, you must file a Form I-192, Application for Advance Permission to Enter as Nonimmigrant, to request a waiver of the inadmissibility;
- A personal statement describing the criminal activity of which you were a victim; and
- Evidence to establish each eligibility requirement – visit our Forms section, specifically the Humanitarian Benefits Based Forms.
You may also apply (petition) for U nonimmigrant status if you are outside the United States. To do this, you must:
- File all the necessary forms for U nonimmigrant status with the Vermont Service Center.
- Follow all instructions that are sent from the Vermont Service Center, which will include having your fingerprints taken at the nearest U.S. Embassy or Consulate.
- If your petition is approved, you must consular process to enter the United States, which will include an interview with a consular officer at the nearest U.S. Embassy or Consulate.
- Information about your nearest United States Embassy or Consulate can be found at www.usembassy.gov.
CHECKLIST OF REQUIRED DOCUMENTS FOR U VISA
- Your completed Supplement B Certification; **
- Evidence you are the victim of qualifying criminal activity; **
- Evidence you have suffered substantial physical or mental abuse;**
- Evidence you possess information concerning criminal activity, and that the criminal activity is qualifying and violated United States law or occurred in the United States;
- Evidence you have been, are being, or are likely to be helpful to a certifying official in the investigation or prosecution of qualifying criminal activity;
- A personal statement; **
- If you are inadmissible, an application for a waiver of inadmissibility on Form I-192, Application for Advance Permission to Enter as a Nonimmigrant, with the appropriate fee or a request for a fee waiver; and
- If you are filing Form I-918, Supplement A, for a qualifying family member:
- Credible documentation of the claimed relationship;
- An explanation of why required documents are not available (if applicable); and
- If your qualifying family member is inadmissible, Form I-192 with the appropriate fee or a request for a fee waiver.
** indicates required initial evidence. While all items in the checklist should be provided, packages will be rejected without these items.
Principal U Nonimmigrants: You are authorized to work once we have approved your underlying petitions for U nonimmigrant status. We will automatically issue an Employment Authorization Document (EAD) when we approve your petition.
You do not need to file a separate Form I-765, Application for Employment Authorization, to receive an EAD related to the approval of your petition for nonimmigrant status.
The above instructions from the USCIS website are confusing. They say not to submit an I-765 because the issuance of EAD is automatic but it’s only automatic when the U visa is approved and that may be 4-5 years from now. You should submit an I-765 with your I-918. If you submit an I-765 with your I-918 then they can approve the I-765 once the bona fide determination is made and while you are waiting for your U visa to become available.
MORE INFO ABOUT U VISAS.