What Is the U Visa — And Could You Qualify?
A guide for crime victims who want to understand their immigration options
If you or someone you know has been the victim of a serious crime in the United States, there may be an immigration option available — even if you are undocumented. It's called the U Visa, and it was created specifically to protect crime victims who work with law enforcement to bring perpetrators to justice.
We work with clients navigating complex immigration situations, and the U Visa is one of the most powerful — and underutilized — forms of protection available. Here's what you need to know.
What Is the U Visa?
The U nonimmigrant status (U Visa) is set aside 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 criminal activity. Congress created the U nonimmigrant visa with the passage of the Victims of Trafficking and Violence Protection Act in October 2000.
If approved, a U Visa allows you to live and work legally in the United States for up to four years. After three years of continuous presence in the United States, you may be eligible to apply for a green card.
Who Is Eligible?
To qualify for a U Visa, you must meet all of the following requirements:
You are a victim of a qualifying crime. Qualifying criminal activities include domestic violence, sexual assault, human trafficking, or other serious violent crimes. The crime must have violated U.S. law and occurred in the United States. If it is not a qualifying crime, no U visa is available.
You suffered substantial physical or mental abuse. The harm you experienced must be directly connected to the qualifying criminal activity.
You have information about the crime and are willing to help. You must have information about the criminal activity and have been helpful, be helpful, or be likely to be helpful in the investigation or prosecution of the crime.
You have a law enforcement certification (Form I-918 Supplement B). The legislation requires victims to obtain certification from law enforcement agencies confirming their helpfulness in the investigation or prosecution of the crime. Qualifying agencies include police departments, prosecutors' offices, and in some cases federal labor enforcement agencies.
Family members may also qualify. Spouses, children, and in some cases parents or siblings of the principal applicant can be included in the petition as derivatives.
Big News for Hawaiʻi: A New Law to Make Certifications More Accessible
One of the biggest practical barriers U Visa applicants face is simply getting that law enforcement certification signed. Under federal law, agencies are not required to sign certifications — and some entities are resistant to certifying victim helpfulness due to a lack of understanding about the U or T nonimmigrant application process or a lack of resources. Absent uniform standards for U and T visa certifications, noncitizen victims statewide face inconsistent access to justice.
Hawaiʻi just took a significant step to fix that. The 2026 Hawaiʻi Legislature passed HB 1838 / SB 2873, a bill that establishes uniform statewide requirements for policies and processes for the issuance of U and T visa certifications for noncitizen victims of crime, requires each state and county certifying entity to adopt a policy and process for the issuance of U and T visa certifications consistent with those statewide requirements, and appropriates funds for the Department of the Attorney General to provide training to certifying entities and certifying officials on all federal and state requirements.
The Act is set to take effect on July 1, 2026. It now awaits Governor Josh Green's signature.
I am proud to share that Patrie Law Associates contributed to the drafting and passage of this legislation. This law is a meaningful win for crime victims in Hawaiʻi. For too long, whether a victim could access the U Visa depended heavily on which county or agency they happened to interact with, and whether that agency had a policy in place. This legislation changes that — creating a consistent, statewide baseline and ensuring that agencies have the training they need to support victims properly.
If you are a crime victim in Hawaiʻi, this new law means more agencies will have clear, standardized processes for reviewing and signing your certification — which is a critical first step in your U Visa application.
What If I Have Been Previously Deported? Or have lived in the U.S. without authorization? Or have a Criminal History? The Inadmissibility Waiver
One of the most powerful features of the U Visa is its generous inadmissibility waiver. Many crime victims are afraid to apply for any immigration benefit because of prior immigration violations, unlawful entry, or criminal history. The U Visa addresses this directly.
Here are key points to understand about the U Visa inadmissibility waiver (Form I-192):
Almost every ground of inadmissibility can be waived. Under INA § 212(d)(14), U nonimmigrant applicants may apply for a waiver of any inadmissibility ground except participation in Nazi persecutions, genocide, torture, or extrajudicial killings. This inadmissibility waiver for potential U nonimmigrants is very generous and does not apply in most other immigration petitions and applications.
The standard is "public or national interest." USCIS must balance negative factors with the social and humane considerations presented by the applicant. While previously USCIS was generous in exercising its discretion favorably, in recent years there has been a stricter approach, particularly around criminal grounds of inadmissibility.
The level of documentation required depends on your history. A single unlawful entry with no prior departures may require minimal additional documentation beyond your I-918 petition. More serious immigration violations or any criminal history will require stronger evidence of positive equities, mitigating circumstances, and rehabilitation.
For serious but non-violent criminal grounds, USCIS applies the Matter of Hranka framework, considering: (1) the risk of harm to society if the waiver is granted; (2) the seriousness of the prior violations; and (3) the applicant's reasons for wishing to remain in the United States.
For convictions involving dangerous or violent crimes, the standard is "extraordinary circumstances." The applicant must typically show that they or a qualifying U.S. citizen or permanent resident family member would suffer exceptional or extremely unusual hardship if the waiver is denied. These are difficult cases, but the U Visa may still be the only available path to lawful status for some applicants.
Rehabilitation evidence is critical. If there are criminal inadmissibility grounds, additional discussion of rehabilitation, responsibility, and remorse should be included in the declaration, along with additional documents showing rehabilitation and positive equities.
Don't Let Fear Stop You
Many people assume that their past disqualifies them from any immigration relief. The U Visa was designed with that fear in mind. If you've been a victim of a crime and cooperated with law enforcement, you may have more options than you think — even with a complicated history. We have done - and continue to do - many of these applications.
If you or someone you know may qualify for a U Visa, contact us for a consultation. We are here to help you understand your rights and navigate the process with care and expertise.