U Visa 2026: how to apply as a crime victim | Law Office of Jesus Reyes, PLLC

The U Visa is a form of relief created by Congress to protect victims of certain serious crimes who suffered substantial harm and cooperate with authorities in the investigation or prosecution. For many immigrants in difficult situations, it is one of the most stable paths to a green card. But it is a long and very technical process.

Who the U Visa is for

The U Visa was designed for victims who, without it, would fear going to the police. A person qualifies if they:

Were a victim of one of the crimes listed by law.
Suffered substantial physical or mental harm as a result.
Have information about the crime.
Has been, is, or is likely to be helpful to police, prosecutors, or a judge in the investigation or prosecution.
The crime occurred in the U.S. or violated U.S. laws.
Is admissible or qualifies for a waiver.

Covered crimes (partial list)

The law covers crimes such as:

Domestic violence.
Sexual assault / rape.
Human trafficking.
Kidnapping, forced confinement.
Torture, sexual slavery.
Trafficking in persons.
Extortion, blackmail.
Felonious assault.
Murder (family members may qualify).
Stalking, among others.

The full list is on Form I-918 Supplement B.

The key piece: the I-918B certification

For the case to move forward, an authority (police, prosecutor, judge, etc.) must sign I-918 Supplement B — Certification of Helpfulness. The certification states the person has been, is, or is likely to be helpful in the case.

Without this certification, the U Visa cannot be filed. Getting it can take weeks or months and depends on the agency. Some Florida agencies cooperate quickly; others do not.

Your attorney can help draft the certification request and follow up with the agency.

How the case is filed

The typical package includes:

I-918 — Petition for U Nonimmigrant Status.
I-918 Supplement A — for qualifying family members (spouse, children, parents if victim is a minor).
I-918 Supplement B — Certification (signed by the authority).
I-192 — Application for Advance Permission to Enter as a Nonimmigrant (inadmissibility waiver — almost always needed).
Detailed personal declaration from the victim.
Evidence of the crime: police reports, medical records, photos, messages, witnesses.
Evidence of harm: psychological and medical records, therapist declarations.

Realistic 2026 timelines

Due to the legal cap of 10,000 U Visas per year, there is a long backlog.

Initial prima facie decision and conditional EAD: 5 to 7 years from filing (depending on current queue).
Final approval with U status: 5 to 8 years.
Eligibility for adjustment (I-485): after 3 years in U status.

USCIS has implemented a Bona Fide Determination (BFD) process that can grant work permission and deferred action to pending cases after some time in the queue. In 2026, BFD timelines run 5 to 6 years, but can change.

Confidentiality

The law forbids USCIS from sharing case information with the abuser or third parties without authorization. This includes statements, current address, and other sensitive data.

Benefits while waiting

While waiting, once the BFD or conditional approval issues, the person receives:

Work permit (EAD).
Deferred action (protection from deportation).
In some states, a driver's license.

Family members who can qualify

Qualifying family members as derivatives (Supplement A) are:

Spouse and unmarried children under 21 (if the victim is over 21).
Spouse, unmarried children under 21, parents, and unmarried siblings under 18 (if the victim is under 21).

Each derivative gets their own I-918A and may eventually adjust status.

When it is denied or delayed

Common risks:

Certification that never arrives.
Insufficient evidence of harm.
Criminal history requiring a strong waiver (I-192).
Change in the victim's circumstances.

An attorney can manage RFE responses and, if denied, evaluate appeal or refiling options.

Next steps

If you were a victim of a crime in the U.S. and cooperated (or are willing to cooperate) with authorities, the U Visa can be one of the most solid protections available. Schedule a consultation to evaluate your case.

You can also read:

Legal disclaimer: This article is for general informational purposes only and is not legal advice. Every immigration case is unique and depends on specific facts that only an attorney can evaluate after reviewing your situation. The law and USCIS policy change frequently. To get guidance on your particular case, schedule a consultation with our firm.

U Visa for crime victims: how to apply and what to expect