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If you were the victim of a serious crime and you lack lawful immigration status, fear and uncertainty may be keeping you from seeking help. You are not alone. Immigrants across New York face this situation every day, and federal law provides a path forward. The U non-immigrant visa, commonly called the U visa, was created specifically to protect crime victims like you while encouraging cooperation with law enforcement.
New York U visa immigration lawyer Rajat Shankar of Shankar & Associates PC has guided immigrants through complex visa processes from the firm’s Nassau County office. As someone who came to the United States as a child and went through the immigration system himself, Raj understands the stakes involved in every case. His immigration practice on Long Island helps crime victims pursue U visa protection while keeping their families together and their futures secure.
This guide explains what a U visa is and who qualifies, which crimes meet the federal requirements, how to obtain a law enforcement certification in New York, what the application process involves, how long the process takes, and what benefits U visa holders receive. You will also learn about the path from a U visa status to a green card. Call Shankar & Associates PC at (800) 461-1467 to speak with an experienced Nassau County immigration attorney about your case.
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A U visa is a non-immigrant visa that provides lawful status to victims of qualifying criminal activity who have suffered substantial physical or mental abuse and who cooperate with law enforcement. Congress created the U visa through the Victims of Trafficking and Violence Protection Act of 2000. The program serves a dual purpose: it protects vulnerable crime victims while strengthening the ability of police, prosecutors, and judges to investigate and prosecute serious crimes.
Under INA Section 101(a)(15)(U), you may qualify for a U visa if you meet four requirements.
You do not need to have lawful immigration status to apply for a U visa. In fact, the program was designed to encourage undocumented immigrants to report crimes without fear of deportation. You can apply from within New York or from outside the United States. If you are under 16 years of age, a parent, guardian, or next friend may fulfill the helpfulness requirement on your behalf.
Qualifying family members may also receive derivative U visa status based on your approved petition. If you are 21 or older, your spouse and unmarried children under 21 are eligible. If you are under 21, your spouse, children, parents, and unmarried siblings under 18 may also qualify. You or your attorney files for derivatives using Form I-918, Supplement A (Petition for Qualifying Family Member of U-1 Recipient).
Key Takeaway: A U visa provides temporary lawful status to crime victims who cooperate with law enforcement. You do not need a current immigration status to apply, and qualifying family members may receive derivative status through your petition.
Contact Shankar & Associates, PC at (800) 461-1467 to find out whether you and your family members qualify for U visa protection and to get personalized guidance on the next steps in your case.
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Not every crime qualifies for a U visa. The statute lists specific categories of criminal activity, and the United States Citizenship and Immigration Services (USCIS) evaluates whether the crime you experienced falls within those categories. The qualifying crime must have violated federal, state, or local criminal law and must have occurred within U.S. jurisdiction.
Under 8 CFR Section 214.14, qualifying criminal activities include the following:
Crime Category | Examples |
Violent crimes | Murder, manslaughter, felonious assault, torture |
Sexual crimes | Rape, sexual assault, abusive sexual contact, sexual exploitation, incest |
Domestic violence | Physical or psychological abuse by a spouse, partner, or family member |
Trafficking and servitude | Human trafficking, involuntary servitude, peonage, slave trade |
Restraint and abduction | Kidnapping, abduction, unlawful criminal restraint, hostage situations, false imprisonment |
Exploitation | Prostitution, female genital mutilation, blackmail, extortion |
Obstruction | Witness tampering, obstruction of justice, perjury |
Fraud | Fraud in foreign labor contracting |
Attempt, conspiracy, or solicitation to commit any of these crimes also qualifies. Additionally, USCIS may recognize any similar criminal activity where the nature and elements of the offense are substantially similar to the listed crimes.
Being a crime victim alone is not enough. You must also show that you suffered substantial physical or mental abuse as a result of the criminal activity. USCIS considers several factors when making this determination: the nature and severity of the injury, the severity of the criminal conduct, how long the harm lasted, and whether the abuse caused permanent damage to your health, appearance, or mental well-being.
Physical abuse includes any injury to your body, while mental abuse includes harm to your emotional or psychological health. USCIS also considers the cumulative impact of a series of events, not just a single incident. You should provide medical records, psychological evaluations, personal statements, and affidavits from people who witnessed the effects of the crime.
Key Takeaway: USCIS recognizes more than two dozen categories of qualifying crimes, including domestic violence, sexual assault, and human trafficking. You must demonstrate substantial physical or mental harm to qualify.
Raj Shankar can review the facts of your case and help determine whether your experience meets the qualifying crime and substantial abuse standards. Call (800) 461-1467 for a consultation.
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One of the most important steps in the U visa process is obtaining a signed law enforcement certification on Form I-918, Supplement B. This form must be completed by a certifying agency, which is a federal, state, or local law enforcement agency, prosecutor, judge, or other authority involved in the detection, investigation, or prosecution of the qualifying crime.
The certification confirms two things: that the crime you experienced qualifies under the U visa statute and that you were helpful, are currently helpful, or are likely to be helpful in the investigation or prosecution of the crime. A conviction, prosecution, or arrest of the perpetrator is not required. Law enforcement may sign the certification at any point during or after the investigation.
In New York, multiple agencies can complete the Supplement B certification depending on which agency investigated the crime. For crime victims in Nassau County and Long Island, potential certifying agencies include:
Each agency has its own procedures for handling certification requests. Most require a written request that identifies the victim, describes the qualifying crime, and explains how the victim assisted with the investigation. USCIS must receive Form I-918 and the required initial evidence, including a properly completed Supplement B, within 6 months of the date the certifying official signed Supplement B.
Key Takeaway: The law enforcement certification is a required part of every U visa application. In New York, agencies including the Nassau County Police Department and the Nassau County District Attorney’s Office can complete the form. There is no requirement that the crime resulted in an arrest or conviction.
Shankar & Associates PC helps clients across Long Island prepare certification requests and communicate with law enforcement agencies. Call (800) 461-1467 to discuss your case.
Filing a U visa petition requires careful preparation and supporting documentation. An incomplete or poorly organized application can result in delays, requests for evidence, or denial. The primary form is Form I-918 (Petition for U Nonimmigrant Status), which you submit to the USCIS filing location designated for your state of residence. USCIS periodically updates U-visa filing locations. Your attorney can confirm the current ‘Where to File’ instructions before mailing to avoid potential issues.
Your U visa application package typically includes:
On April 1, 2024, the new USCIS Final Fee Rule went into effect. Under this new rule, USCIS vastly expanded humanitarian fee exemptions. All forms associated with a U visa application, including Form I-192 (Application for Advance Permission to Enter as Nonimmigrant) and Form I-765 (Application for Employment Authorization), are now entirely fee-exempt through the adjustment of status (green card) stage.
Strong documentation strengthens your petition. You should prepare:
Key Takeaway: The U visa petition requires Form I-918 along with a signed law enforcement certification, supporting evidence of the crime and your injuries, and a waiver application if you have any inadmissibility issues. All U visa forms are fee-exempt.
Raj Shankar of Shankar & Associates PC helps clients compile evidence packages that clearly document the qualifying crime and the resulting harm. Call (800) 461-1467 to schedule a consultation.
Raj Shankar founded Shankar & Associates PC with a mission shaped by his own immigration experience. He came to the United States at the age of eight, obtained his green card, and became a U.S. citizen. He earned his J.D., magna cum laude, from Touro College Jacob D. Fuchsberg Law Center in 2012 and his B.A. in Mathematics from East Stroudsburg University in 2008. He was admitted to the New York State Bar in 2013.
Raj has served as Chair of the Immigration Committee for the Nassau County Bar Association and has taught immigration law as an adjunct professor. He handles cases across all areas of immigration law, including cancellation of removal, asylum, deportation defense, and employment-based immigration. His firsthand understanding of the immigration process allows him to connect with clients and provide informed, compassionate legal guidance.
The U visa process involves significant wait times due to the annual statutory cap and the high volume of applications. Congress limits the USCIS to approving 10,000 U-1 (principal) visas per fiscal year under INA Section 214(p). This cap has been reached every year since fiscal year 2010, creating a substantial backlog.
In June 2021, USCIS implemented the Bona Fide Determination (BFD) process to provide interim relief to petitioners waiting for a U visa number. After you file your petition, USCIS conducts an initial review to determine whether your petition was filed in good faith, includes a properly completed Supplement B certification, and does not present national security or public safety concerns.
If USCIS issues a positive bona fide determination, you receive deferred action status and employment authorization while you wait for final adjudication of your petition. This means you can legally work in the United States and are a low priority for removal while your case is pending.
These timelines are estimates and can change. You can check current processing times on the USCIS website by selecting Form I-918.
Key Takeaway: The annual cap of 10,000 U visas creates a multi-year wait. The Bona Fide Determination process can provide work authorization and deferred action status while your petition is pending, so filing promptly is important to secure your place in line.
Shankar & Associates PC monitors processing times and keeps clients informed about the status of their petitions. Contact the firm at (800) 461-1467 to get started.
A U visa offers meaningful protections that extend beyond temporary lawful status. Knowing what these benefits include helps you plan for the months and years ahead as your case progresses through the USCIS system.
Once your U visa is approved, you receive lawful nonimmigrant status in the United States for up to four years. U nonimmigrants are employment-authorized incident to status, and USCIS generally issues an EAD as evidence of that authorization. If your presence is needed for an ongoing investigation or prosecution, law enforcement can certify an extension beyond the initial four-year period.
U visa holders are generally protected from deportation during their authorized period of stay. Even before your U visa is formally approved, a positive bona fide determination or placement on the waitlist provides deferred action, which means immigration authorities treat you as a low priority for removal. In New York City, agencies are also prohibited from inquiring about immigration status under NYC Executive Order 34, as amended by Executive Order 41, adding a layer of protection for crime victims who interact with city services.
After maintaining a U non-immigrant status for three continuous years, you may apply for lawful permanent residence (a green card) under INA Section 245(m). To qualify, you must demonstrate continuous physical presence in the United States, show that you have not unreasonably refused to assist law enforcement, and establish that your continued presence in the United States is justified on humanitarian grounds, for family unity, or because it is in the public interest.
Key Takeaway: U visa holders receive work authorization, protection from removal, and a pathway to a green card after three years. Filing early secures interim benefits through the Bona Fide Determination process while you wait for final approval.
Raj Shankar helps clients plan for each stage of the U visa timeline, from the initial filing through adjustment to permanent residence. Call Shankar & Associates PC at (800) 461-1467.
Many U visa applicants have immigration issues that would normally make them inadmissible, such as unlawful presence, prior removal orders, or certain criminal history. The U visa program addresses this through a broad waiver of inadmissibility under INA Section 212(d)(14).
Unlike other immigration waivers, the U visa inadmissibility waiver does not require you to prove “extreme hardship.” Instead, USCIS reviews your waiver request on a case-by-case basis and considers whether granting the waiver serves the public interest. This lower standard recognizes that crime victims who cooperate with law enforcement serve an important public purpose.
You apply for this waiver using Form I-192 (Application for Advance Permission to Enter as Nonimmigrant), which you or your attorney submits along with your U visa petition. Almost all grounds of inadmissibility can be waived for U visa applicants, with limited exceptions, including INA § 212(a)(3)(E) (participants in Nazi persecutions, genocide, torture, or extrajudicial killings).
Full disclosure is essential. USCIS reviews your complete immigration and criminal record when adjudicating your waiver request. Failing to disclose prior immigration violations or criminal history can result in your U visa being revoked, even after it is approved. Before filing, review your immigration records carefully and discuss any potential inadmissibility issues with your attorney.
Key Takeaway: Most grounds of inadmissibility can be waived for U visa applicants without proving extreme hardship. Full disclosure of your immigration history is critical to the success of your waiver request.
Shankar & Associates PC evaluates each client’s immigration history and prepares thorough waiver applications when needed. Call (800) 461-1467 to discuss your situation.
If you are a crime victim with immigration concerns, you may qualify for more than one form of relief. Knowing how the U visa, VAWA self-petition, and T visa differ helps you choose the strongest option for your circumstances.
Feature | U Visa | VAWA Self-Petition | T Visa |
Who qualifies | Victims of qualifying crimes | Abused spouses, children, or parents of U.S. citizens or LPRs | Victims of severe human trafficking |
Relationship to abuser | No relationship required | Must be or have been married to, child of, or parent of a U.S. citizen or LPR | No specific relationship required |
Law enforcement role | Signed certification required | No law enforcement involvement needed | Certification helpful but not required |
Annual cap | 10,000 per year | No annual cap | 5,000 per year |
Path to green card | After 3 years in U status | After I-360 approval, you may apply for a green card (often via Form I-485) if you meet eligibility requirements and a visa is available. | After 3 years in T status or after investigation completion |
Key form | Form I-918 | Form I-360 | Form I-914 |
In some situations, you may qualify for both a U visa and a VAWA self-petition. For example, if you are married to a U.S. citizen who has physically abused you, your case may meet the criteria for both programs. Because VAWA has no annual cap, it may result in faster processing in certain circumstances. An immigration attorney can help you evaluate which option provides the strongest and quickest path to protection.
Key Takeaway: The U visa, VAWA, and T visa serve different categories of crime victims. Some applicants qualify for more than one form of relief, and choosing the right option depends on your specific circumstances.
Raj Shankar reviews each client’s complete situation to identify every available form of immigration relief. Contact Shankar & Associates PC at (800) 461-1467.
If you are an immigrant who has been the victim of a crime in New York, the steps you take in the days and weeks after the crime can significantly affect your U visa application.
File a police report as soon as possible. In Nassau County, contact the Nassau County Police Department. If the crime occurred in New York City, contact the NYPD. The police report creates an official record of the crime and begins the process that leads to the law enforcement certification you will need for your U visa petition.
Policies vary by agency, but the NYPD states that officers do not ask about the immigration status of crime victims or witnesses who seek help. Under NYPD policy, officers do not inquire about the immigration status of crime victims or witnesses who contact police for help.
Visit a hospital or medical provider and keep all records of treatment. Medical documentation of physical injuries and referrals for psychological treatment provide important evidence of substantial abuse. Hospitals throughout Nassau County and Long Island, including Nassau University Medical Center in East Meadow, can provide treatment records.
Speak with an immigration attorney before filing any application with USCIS. An attorney familiar with U visa cases can evaluate your eligibility, help you prepare certification requests, compile supporting evidence, and identify any inadmissibility issues that need to be addressed. Acting quickly matters because USCIS processes petitions in the order they are filed, and earlier filing secures an earlier place in line for visa numbers.
Key Takeaway: Report the crime to police, seek medical treatment, preserve all documentation, and consult an immigration attorney as soon as possible. These steps protect both your safety and your U visa eligibility.
Shankar & Associates PC represents crime victims throughout Long Island and Nassau County. Call (800) 461-1467 to schedule a consultation with Raj Shankar.
Media Assets
Being the victim of a crime is difficult enough without the added stress of immigration uncertainty. If you are an immigrant in New York who has experienced a qualifying crime, the U visa program may provide the protection you need to rebuild your life.
Raj Shankar of Shankar & Associates PC helps crime victims across Long Island and Nassau County pursue U visa protection. He handles every step of the process, from preparing law enforcement certification requests to compiling evidence packages and filing petitions with USCIS.
Call Shankar & Associates PC at (800) 461-1467 for a consultation. Our office at 518 Plainview Road in Plainview serves clients throughout New York, Long Island, and Nassau County. Shankar & Associates PC is ready to help you take the next step toward safety and stability.
Yes. A conviction, arrest, or prosecution of the perpetrator is not required. Law enforcement can sign the Supplement B certification based on your cooperation with the investigation, regardless of the outcome of the criminal case.
U visa holders receive lawful nonimmigrant status for up to four years. After three continuous years in U status, you may apply for adjustment to lawful permanent resident status (a green card). Extensions beyond four years are available if law enforcement certifies that your continued presence is needed.
Under 8 U.S.C. Section 1367, USCIS is prohibited from disclosing information about U visa applicants. The agency cannot share your information with immigration enforcement or contact your abuser for information about your case.
If USCIS issues a positive Bona Fide Determination on your petition, you receive employment authorization and deferred action status while waiting for final adjudication. You may also apply for work authorization using Form I-765 when you file your petition.
There is no legal requirement that law enforcement sign the Supplement B certification, and some agencies may decline. If the agency that investigated your case refuses, you may be able to seek certification from a different qualifying agency, such as a prosecutor’s office or a judge who presided over a related proceeding. An attorney can help you explore all available options.
A U visa itself does not lead directly to citizenship. After three years in U status, you can apply for a green card. Once you have been a lawful permanent resident for the required period (typically five years, or three years if married to a U.S. citizen), you may apply for naturalization.
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