How do I get a “U Visa” in Nevada?

Aliens who are victims of domestic abuse, rape, human trafficking or other serious crimes in the United States may be eligible for “U visas.” U visas entitle non-citizens and possibly their families to temporary legal residency in the U.S.

On this page, our Las Vegas immigration attorneys discuss the eligibility requirements for “U visas” and how to apply for one.

• What is a “U visa”?
• Am I eligible for a “U visa”?
• How do I apply for a “U visa”?
• How long do “U visas” last?
• Can my family also get “U visas”?
• How much does it cost to apply for a “U visa”?
• Can I drop off my “U visa” application at the local USCIS field office?
• Is there a “U visa” cap?
• Can people with “U visas” get “green cards”?

1) What is a “U visa”?

The U visa is a type of visa meant to protect immigrant victims who:

• have suffered substantial mental or physical abuse, and
• are willing to help police with the investigation and prosecution related to the abuse.

The U visa was originally implemented along with the passage of the Victims of Trafficking and Violence Protection Act in 2000. Note that U visas are non-immigrant visas, which means they do not guarantee permanent legal status. However, U visa recipients may later be able to apply for a green card to adjust their status to permanent.¹

2) Am I eligible for a “U visa”?

In order to qualify for a U visa, you must meet the following four requirements:

1. You are able to prove that you have suffered substantial physical and/or mental abuse from the crime at issue; and
2. You have proper documentation from law enforcement that certifies you will help the police investigate these abuse allegations; and
3. You can prove you have information relating to the abuse you suffered; and
4. This abuse violated U.S. law.

U visas apply to immigrants who are victims of a wide variety of violent or otherwise abusive crimes.² Common examples of these qualifying offenses include:

• Battery domestic violence
• Extortion
• Murder
• Prostitution
• Involuntary servitude
• Human trafficking
• Rape

3) How do I apply for a “U visa”?

U Visa applicants must petition United States Citizenship and Immigration Services (USCIS) by filling out the following forms:

• USCIS Form I-918, Petition for U Nonimmigrant Status, and 
• USCIS Form I-918 Supplement B, U Nonimmigrant Status Certification 

It is recommended that applicants read the Instructions for USCIS Form I-918.

Note: Never attempt to complete immigration forms on your own without a skilled immigration lawyer. You may make mistakes that could result in your applications being denied.

4) How long do “U visas” last?

U visa status lasts for four (4) years. But an extension is allowed when the immigrant is needed to remain in the U.S. in order to further provide assistance to law enforcement regarding the criminal activity at issue.³

5) Can my family get “U visas” as well?

Possibly. U visa applicants need to fill out a USCIS Form I-918, Supplement A for each family member he/she wants to include in the petition. Qualifying derivative family members include:

• children
• parents
• siblings

It is recommended applicants read the Instructions for USCIS Form 1-918, Supplement A.

Note: Never attempt to complete immigration forms on your own without a skilled immigration lawyer. You may make mistakes that could result in your applications being denied.

6) How much does it cost to apply for a “U visa”?

U visa applications cost nothing. But applicants are responsible for postage for mailing the application to the USCIS.⁴

7) Can I drop off my “U visa” application at the local USCIS field office?

No.⁵ U visa applications must be mailed to:

Vermont Service Center (VSC)
75 Lower Welden Street
St. Albans, VT 05479

Note: Never attempt to complete immigration forms on your own without a skilled immigration lawyer. You may make mistakes that could result in your applications being denied.

8) Is there a limit to the amount of “U visas” available?

Yes. The USCIS may grant no more than 10,000 U visas annually. However, this cap does not include derivative family members. Generally, spouses, parents, and children qualify as derivative family members.

If you are requesting a U visa after the cap has already been reached, you will likely be placed on a waiting list. Immigrants on the waiting list may be able to receive stabilized immigration status as long as they cooperate with law enforcement.⁶

9) Can “U visa” holders get a “green card”?

An immigrant who is granted a U visa may be eligible for a green card and receive permanent resident status once certain requirements have been met:

• The immigrant must have been physically present in the U.S. for an uninterrupted period of a minimum of three (3) years since the admission date allowing for the U visa;
• The immigrant must not have acted unreasonably in refusing to provide assistance to law enforcement once having received his U visa; and
• The certifying law enforcement agency involved must find that the immigrant’s uninterrupted presence in the U.S. is supported by humanitarian reasons that work to maintain a cohesive family unit, or is somehow within the national or public interest.

Learn more in our article about green card laws.

10) I am an immigrant domestic violence victim and need help. What do I do? 

Call the National Domestic Violence Victim Hotline at 1-800-799-7233. They are sensitive to the special needs of immigrant victims who fear deportation if they contact the police.

Legal References:

¹ I-918, Petition for U Nonimmigrant Status, USCIS.

² Instructions for Form I-918, USCIS.

³ 8 C.F.R. § 214.14(g)(1).

⁴ I-918, Petition for U Nonimmigrant Status, USCIS.

⁵ USCIS Approves 10,000 U Visas for 6th Straight Fiscal Year, USCIS.