U Visa

At Voloshko Law Office, PC in Walnut Creek, CA, our immigration attorneys help crime victims throughout the Bay Area apply for U nonimmigrant status (U visa). The U visa is available to victims of certain crimes who have suffered mental or physical abuse and are willing to assist law enforcement. We speak English, Spanish, Romanian, and Russian.

1. Eligibility for a U Visa

To qualify, an applicant must meet the following criteria:

A. Victim of a Qualifying Crime

Examples of qualifying crimes include:

   •    Domestic violence

   •    Sexual assault

   •    Human trafficking

   •    Kidnapping

   •    Felonious assault

   •    Extortion, blackmail, or perjury

   •    The crime must violate U.S. laws or occur in the U.S.

B. Substantial Physical or Mental Abuse

   •    The applicant must have experienced significant harm as a result of the crime.

C. Helpfulness to Law Enforcement

   •    The applicant must assist or be willing to assist law enforcement in investigating or prosecuting the crime.

   •    A law enforcement certification is required (Form I-918 Supplement B).

D. Admissibility

   •    Applicants must be admissible to the U.S. or request a waiver of inadmissibility (Form I-192).

2. Benefits of a U Visa

   •    Temporary Legal Status: U visa holders can remain in the U.S. legally for up to 4 years.

   •    Work Authorization: U visa holders can obtain an Employment Authorization Document (EAD).

   •    Path to Green Card: After 3 years of continuous U visa status, holders may apply for lawful permanent residency.

   •    Family Inclusion: Eligible family members may also receive U visas.

3. Steps in the U Visa Process

Step 1: Obtain Law Enforcement Certification

   •    File Form I-918, Supplement B, completed by a law enforcement official (e.g., police, prosecutor, or judge).

Step 2: Prepare and File Form I-918

   •    Supporting documents include evidence of victimization, proof of substantial harm, evidence of helpfulness to law enforcement, and a personal statement describing the crime.

Step 3: Submit Biometrics

   •    Attend a biometrics appointment for fingerprints and background checks.

Step 4: Wait for Processing

   •    Due to high demand, there is a waitlist (annual cap: 10,000 principal visas). Applicants on the waitlist receive deferred action and can apply for a work permit.

Step 5: Approval or Denial

   •    Approved applicants are granted U visa status for up to 4 years.

4. Family Member Petitions

   •    File Form I-918, Supplement A, for qualifying family members.

   •    For applicants under 21: Spouse, children, parents, and unmarried siblings under 18.

   •    For applicants 21 or older: Spouse and children.

5. Applying for a Green Card

After 3 years in U visa status, applicants can apply for a green card if they have maintained continuous presence in the U.S., have not unreasonably refused to assist law enforcement, and can demonstrate that their continued presence is justified on humanitarian grounds.

6. Processing Times

   •    Initial U visa applications can take 5–7 years due to high demand and backlogs.

   •    Applicants may be eligible for work authorization while waiting.

Contact Voloshko Law Office, PC at (925) 705-9796 or schedule a consultation to speak with a U visa attorney in Walnut Creek, CA.