Victims of certain criminal activities that either occurred in the United States or violated U.S. laws may be eligible to petition for U nonimmigrant status to U.S. Citizenship and Immigration Services (USCIS). Victims must have suffered substantial mental or physical abuse due to having been a victim of the qualifying criminal activity and possess specific, credible, and reliable information concerning that criminal activity. A law enforcement or other certifying official must also certify that the victim has been, is being, or is likely to be helpful in the detection, investigation, or prosecution, conviction, or sentencing of the qualifying criminal activity. Victims must also demonstrate that they are admissible to the United States or eligible for a waiver.
Information about the law that created this visa category is available under Reference - U.S. Law.
To receive U-1 nonimmigrant status, you must meet all eligibility requirements, and must comply with the filing requirements for the Form I-918, Petition For U Nonimmigrant Status set forth by USCIS. You can apply for U nonimmigrant status from both within or outside the United States.
USCIS grants U nonimmigrant status to individuals present in the United States with an approved Petition for U Nonimmigrant Status once a visa is available under the annual cap.
Individuals outside the United States with approved U nonimmigrant status petitions, or who already have U nonimmigrant status and have traveled outside the United States, are required to apply for a U visa at a U.S. embassy or consulate. If issued a U visa, the individual will obtain or return to their U nonimmigrant status only after being admitted to the United States.
If you are outside the United States and wish to apply for U-1 nonimmigrant status, first you must file your petition, on Form I-918, directly with USCIS. U.S. embassies and consulates abroad are not permitted to accept petitions for U nonimmigrant status. Once the petition is approved by USCIS, you may apply for a visa with a U.S. embassy or consulate.
If you are a qualifying family member of an individual with U-1 nonimmigrant status and you are outside the United States, you must first receive a USCIS Form I-797, Notice of Action, notifying you that your Form I-918 Supplement A, Petition for Qualifying Family Member of U-1 Recipient has been approved. Once you receive this notice of approval, you must schedule an appointment at a U.S. embassy or consulate to apply for a U visa. If issued a U visa, you will obtain U nonimmigrant status only after being admitted to the United States.
The first step toward petitioning for a U nonimmigrant status is to file Form I-918, Petition for U Nonimmigrant Status with USCIS. You must submit Form I-918 Supplement B, U Nonimmigrant Status Certification (Form I-918B), at the same time you submit Form I-918. For more important detailed information on eligibility and how to petition for U nonimmigrant status, visit the USCIS Victims of Criminal Activity: U Nonimmigrant Status webpage.
You may petition for qualifying family members by completing Form I-918 Supplement A, Petition for Qualifying Family Member of U-1 Recipient (Form I-918A). You must complete and file a separate Form I-918A for each qualifying family member for whom you want to petition. You may petition for qualifying family members at the same time you submit Form I-918 for yourself, or you may petition for them later. Depending on your age, you may petition for the following qualifying family members:
| If you are: | Then you may petition for your: |
|---|---|
| under age 21 |
|
| age 21 or older |
|
U.S. embassies and consulates adjudicate visa applications that are based on a same-sex marriage in the same way that we adjudicate applications for opposite gender spouses. Please reference the specific guidance on the visa category for which you are applying for more details on documentation required for derivative spouses. For further information, please see our FAQ’s.
There are several steps to apply for a visa once USCIS has approved the Form I-918 or Form I-918A and there is a visa available. The order of these steps and how you complete them may vary at the U.S. embassy or consulate where you apply. Please review the instructions available on the embassy or consulate website where you will apply.
If USCIS approves your Form I-918 or Form I-918A and a visa is available, and you are residing outside of the United States, you must apply for a U visa at a U.S. embassy or consulate, generally in your country of permanent residence. You may request your visa appointment immediately upon receiving the Form I-797, Notice of Action, from USCIS indicating approval of your U nonimmigrant status petition. Do not wait for the U.S. embassy or consulate to contact you.
While interviews are generally not required for applicants of certain ages outlined below, consular officers have the discretion to require an interview of any applicant, regardless of age.
If you are age: |
Then an interview is: |
|---|---|
13 and younger |
Generally, not required |
14 - 79 |
Required (some exceptions) |
80 and older |
Generally, not required |
You must schedule an appointment for your visa interview, generally, at the U.S. Embassy or Consulate in the country where you live. You may schedule your interview at any U.S. embassy or consulate but be aware that it may be difficult to qualify for a visa outside of your place of permanent residence.
Wait times for interview appointments vary by location, season, and visa category, so you should apply for your visa early. Review the interview wait time for the location where you will apply:
Check the estimated wait time for a nonimmigrant visa interview appointment at a U.S. embassy or consulate.
Note: Please check the individual Embassy or Consulate website to determine if your case is eligible for a waiver of the in-person interview.
Applicants scheduling visa appointments in a location different from their place of residence should check post websites for nonresident wait times.
| Nonimmigrant Visa Type | Appointment Wait Time |
|---|---|
| Interview Required Students/Exchange Visitors (F, M, J) | -- days |
| Interview Required Petition-Based Temporary Workers (H, L, O, P, Q) | -- days |
| Interview Required Crew and Transit (C, D, C1/D) | -- days |
| Interview Required Visitors (B1/B2) | -- days |
| Interview Waiver Students/Exchange Visitors (F, M, J) | -- days |
| Interview Waiver Petition-Based Temporary Workers (H, L, O, P, Q) | -- days |
| Interview Waiver Crew and Transit (C, D, C1/D) | -- days |
| Interview Waiver Visitors (B1/B2) | -- days |
Application Fee
$185
Gather and prepare the following required documents before your visa interview:
Review the instructions for how to apply for a visa on the embassy or consulate website where you will apply. Additional documents may be requested to establish your eligibility.
A visa allows a foreign citizen to travel to a U.S. port of entry (generally an airport) and request permission to enter the United States. A visa does not guarantee entry into the United States. The Department of Homeland Security (DHS), U.S. Customs and Border Protection (CBP) officials at the port of entry have authority to permit or deny admission to the United States. If you are allowed to enter the United States, the CBP official will provide an admission stamp. Applicants applying for entry to the United States will also be provided a Form I-94, Arrival/Departure record. Learn more about admissions and entry requirements, restrictions about bringing food, agricultural products, and other restricted/prohibited goods, and more by reviewing the CBP website.
During your visa interview, a consular officer will determine whether you are eligible to receive a visa, and if so, which visa category is appropriate based on your purpose of travel. You will need to establish that you meet the requirements under U.S. law to receive the category of visa for which you are applying.
Ink-free, digital fingerprint scans will be taken as part of your application process. They are usually taken during your interview, but this varies based on location.
After your visa interview, your application may require further administrative processing. You will be informed by the consular officer if further processing is necessary for your application.
When the visa is approved, you must pay a visa issuance fee if applicable to your nationality and will be informed how your passport with visa will be returned to you. Review the visa processing time, to learn how soon your passport with visa will generally be ready for pick-up or delivery by the courier.
U nonimmigrants are required to have approval from USCIS to stay beyond the date indicated on their admission stamp or Form I-94. To apply for an extension of U nonimmigrant status, a U nonimmigrant must file a Form I-539, Application to Extend/Change Nonimmigrant Status. See page 8 of the USCIS Policy Memo PM-602-0032.2 on the USCIS website for more guidance.
Failure to maintain U nonimmigrant status will result in you being out of status. Under U.S. law, visas of travelers who are out of status are automatically voided (section 222(g) of the Immigration and Nationality Act). You must depart the United States on or before the date indicated on your admission stamp or Form I-94, unless you have filed for adjustment of status or unless USCIS approves your request to extend your stay.
If you had a multiple-entry visa and it was voided due to you being out of status, it will not be valid for future entries into the United States.
Being out of status may also result in you being ineligible for visas you may apply for in the future. Review Visa Denials and Ineligibilities and Waivers: Laws to learn more.
If you were physically present in the United States when you filed your Form I-918 or Form I-918 and your petition was approved, USCIS sent you a notice of approval on Form I-797, Notice of Action, and an electronic I-94 admission stamp or paper Form I-94, Arrival and Departure Record, to establish that you were granted U nonimmigrant status.
After traveling outside the United States, you must obtain a U nonimmigrant visa from a U.S. embassy or consulate to re-enter the United States. See U Nonimmigrant Visa - How to Apply above. As part of the application process, you will need to present your Form I-797, Notice of Action, and an admission stamp or Form I-94, Arrival/Departure Record.
Review Visa Denials for detailed information about visa ineligibilities, denials, and waivers.
Victims and qualifying family members petitioning for U nonimmigrant status must demonstrate that they are admissible to the United States or eligible for a waiver of inadmissibility. If USCIS determines you are inadmissible to the United States, you must file Form I-192, Application for Advance Permission to Enter as a Nonimmigrant, directly with USCIS to apply for a waiver of inadmissibility. The U.S. embassy or consulate cannot issue a visa until USCIS has made a determination on the Form I-192. If approved, USCIS will notify you and the U.S. embassy or consulate where you applied for your visa. If you receive notification that your waiver has been approved, follow the “221(g)” instructions on the embassy’s or consulate’s website for how to proceed with your visa application. Do not wait for the embassy or consulate to contact you.
Whether you are applying for the first time or renewing your visa, you will use the same application process (please review How to Apply, above). Some applicants seeking to renew their visas in certain visa classes may be eligible for interview waiver which allows eligible individuals to apply for visa renewals without being interviewed in person by a U.S. consular officer. Review the instructions on the website of the U.S. Embassy or Consulate where you will apply to determine if interview waiver is available and if you are eligible.
Attempting to obtain a visa by the willful misrepresentation of a material fact, or fraud, may result in the permanent refusal of a visa or denial of entry into the United States.
Citizens of Canada and Bermuda traveling to the United States do not require nonimmigrant visas, except for certain travel purposes. For more information, see Citizens of Canada and Bermuda.
Additional resources for Canadians traveling to the United States can be found on the U.S. Embassy and Consulate websites in Canada.
Additional resources for Bermudians traveling to the United States can be found on the U.S. Consulate General Hamilton website.
Information about adjustment of status to a lawful permanent resident is available on the USCIS website under Green Card for a Victim of a Crime (U Nonimmigrant). U nonimmigrants eligible to adjust status must file Form I-485, Application to Register Permanent Residence or Adjust Status, directly with USCIS.
If a U-1 principal nonimmigrant is eligible to adjust status to a lawful permanent resident and has qualifying family members who have never held derivative U nonimmigrant status, those family members may be eligible to become lawful permanent residents by filing Form I-929, Petition for Qualifying Family Member of a U-1 Nonimmigrant. The Form I-929 must be filed directly with USCIS.
If USCIS revokes a U-1's nonimmigrant status, all qualifying family members deriving U nonimmigrant status from the revoked U-1 nonimmigrant will also have their status revoked. In addition, any family members, whether residing in the United States. or abroad awaiting decisions on their petitions for derivative U nonimmigrant status (U-2, U-3, U-4, or U-5) will be denied.
In October 2000, the United States Congress created the U nonimmigrant status for victims of criminal activity by passing the Victims of Trafficking and Violence Protection Act of 2000 (VTVPA). Congress has limited the number of U nonimmigrant visas available to victims to 10,000 visas per fiscal year. The victim’s qualifying family members are not subject to this annual cap.
For questions about: |
Please refer to: |
Through this website: |
Filing Form I-918, Petition for U Nonimmigrant Status, including Supplements A and B |
USCIS |
|
Applying for a U visa at a U.S. embassy or consulate outside the United States, based on your approved petition |
the U.S. embassy or consulate with jurisdiction over your place of residence |
Websites of U.S. Embassies, Consulates, and diplomatic missions |
Permission to work in the United States |
USCIS |
