KNUTSON LAW, PLLC
U Visa Lawyer for Crime Victims
Legal status and protection for immigrants who have been victims of serious crimes — regardless of current immigration status. Russian-speaking representation available.
If you have been the victim of a crime in the United States, you may be eligible for a U visa — a form of immigration relief created specifically for crime victims who assist law enforcement. As a U visa lawyer serving New York and clients nationwide, I help individuals and families navigate this process confidentially and in their own language.
You do not need to have legal immigration status to apply. You do not need a criminal conviction against the perpetrator. What you need is documentation of the crime, a willingness to cooperate with law enforcement, and an attorney who understands how to build a strong case.
What Is the U Visa?
The U visa is a non-immigrant visa created by Congress in 2000 under the Trafficking Victims Protection Act (TVPA). Its purpose is straightforward: to encourage crime victims to cooperate with police and prosecutors by offering them immigration protection in return.
A U visa holder receives lawful status in the United States for up to four years, with the right to work legally. After three years of U visa status — and continued cooperation with law enforcement — the holder may apply for a green card (lawful permanent residence).
The U visa does not require the perpetrator to be arrested, prosecuted, or convicted. It does not require the victim to have legal immigration status. It was designed this way deliberately — because without this protection, many victims would simply remain silent out of fear.
Who Qualifies for a U Visa?
To be eligible for a U visa, you must meet all of the following requirements:
— You are a victim of a qualifying crime that occurred in the United States or violated U.S. federal law.
— You suffered substantial physical or mental abuse as a result of the crime.
— You have information about the crime that is helpful to law enforcement in the investigation or prosecution.
— You are cooperating, or are willing to cooperate, with law enforcement — police, prosecutors, federal agencies, or other qualifying authorities.
— You have obtained or are able to obtain certification (Form I-918B) from a qualifying law enforcement agency.
Immigration status does not determine eligibility. The U visa is available to undocumented individuals, people who overstayed their visas, and individuals who entered the country without inspection.
What Crimes Qualify for a U Visa?
To be eligible for a U visa, you must meet all of the following requirements:
Domestic violence
Physical abuse, emotional abuse, coercive control by a partner
Felonious assault
Serious physical assault resulting in bodily harm
Stalking / harassment
Stalking, criminal harassment
Torture
Any act of torture or attempted torture
Sexual assault / rape
Sexual assault, rape, sexual exploitation
Kidnapping / false imprisonment
Unlawful restraint, kidnapping, false imprisonment
Workplace exploitation
Labor trafficking, peonage, fraud in foreign labor contracting
Human trafficking
Sex trafficking, labor trafficking, involuntary servitude
Extortion / blackmail
Threats, blackmail, witness tampering, obstruction of justice
Child abuse / neglect
Abuse or neglect of a minor
The crime must violate U.S. law or the law of the state where it occurred. Crimes committed entirely outside the United States generally do not qualify unless they violate U.S. federal law.
The Certification Requirement: Form I-918B
The most important — and often most challenging — step in the U visa process is obtaining law enforcement certification on Form I-918B. This is a signed statement from a qualifying authority confirming that you are a victim of a qualifying crime and that you have been, are being, or are likely to be helpful in the investigation or prosecution.
Who can sign the certification?
— Local police departments and sheriff's offices
— Federal law enforcement agencies — FBI, Homeland Security Investigations (HSI), DEA
— Prosecutors and district attorneys
— Federal and state judges (in limited circumstances)
— The Equal Employment Opportunity Commission (EEOC) — for workplace discrimination and harassment cases
— The Department of Labor (DOL) — for labor exploitation, wage theft, trafficking
— Child Protective Services (CPS) — for crimes involving minors
Law enforcement agencies are not required to sign, but many do when cooperation is genuine and well-documented. If one agency declines, another may be the appropriate certifying authority. Part of our role is identifying and approaching the right agency for your specific situation.
Does the criminal case need to be active?
Law enforcement agencies are not required to sign, but many do when cooperation is genuine and well-documented. If one agency declines, another may be the appropriate certifying authority. Part of our role is identifying and approaching the right agency for your specific situation.
The U Visa Application Process — Step by Step
1. Consult with an attorney
Assess whether your situation qualifies. Do not begin without legal guidance — the order of steps matters.
2. Obtain law enforcement certification (Form I-918B)
Request certification from police, district attorney, federal agency (FBI, DOL, EEOC), or other qualifying authority. This must come first. Without it, the application cannot be filed.
3. Prepare Form I-918 and personal declaration
The application requires a detailed written account of the crime, your cooperation with law enforcement, and the harm you suffered. Quality of the declaration matters significantly.
4. Gather supporting documentation
Police reports, medical records, court records, photographs, witness statements, employment records (for labor exploitation cases).
5. File with USCIS
Submitted to the Vermont Service Center. After filing, you receive a receipt notice confirming your application is pending.
6. Receive deferred action (if waitlisted)
If the annual cap of 10,000 visas is reached, USCIS places approved applicants on a waitlist and issues deferred action: temporary protection from deportation and work authorization.
7. U visa approved
Valid for 4 years. Includes employment authorization. After 3 years, you may apply for a green card.
One of the most common mistakes is approaching USCIS before obtaining the I-918B certification. The correct order is certification first, then the application. An attorney can help ensure the steps happen in the right sequence and that the application package is complete and compelling.
What Happens While You Wait: Deferred Action
The U visa has an annual cap of 10,000 visas. Because demand consistently exceeds this number, most approved applicants are placed on a waitlist that can last several years.
While on the waitlist, USCIS grants deferred action — a formal decision not to pursue deportation. Deferred action also comes with employment authorization (a work permit), allowing you to work legally while your U visa petition is processed.
Deferred action is not a visa and does not confer permanent status. But it is meaningful protection for people in difficult situations.
Family Members: Who Else Can Be Protected?
A U visa application can include qualifying family members as derivative petitioners. They receive the same status as the primary applicant.
— If the primary applicant is under 21: spouse, children, parents, and unmarried siblings under 18 may qualify.
— If the primary applicant is 21 or older: spouse and children under 21 may qualify.
Derivative family members do not need to be in the United States at the time of filing — they can be abroad and, upon approval, enter the U.S. to join you.
U Visa vs. VAWA: Understanding the Difference
Both the U visa and VAWA (Violence Against Women Act) protect immigrant victims of abuse and crime. They serve overlapping but distinct populations. If you are unsure which applies to you, the comparison below may help — though an attorney can assess your specific situation more precisely.
Why Choose Knutson Law for Your U Visa Case
- Full bilingual service in Russian and English. Every document, every conversation, every court appearance.
- 13 years of immigration law experience, including complex cases involving crime victims, overlapping criminal and immigration issues, and federal court filings.
- Nationwide immigration practice. We work with clients across the United States.
- Criminal and immigration experience together. When a crime has resulted in both criminal charges and immigration consequences — or when a crime was committed against you by someone you know — having an attorney who understands both areas matters.
- Confidentiality. Your case is your private legal matter. We do not discuss cases with anyone outside the attorney-client relationship.
Frequently Asked Questions
Related Practice Areas
U visa cases often involve overlapping legal issues. We also handle:
— VAWA self-petition — for victims of domestic violence by a U.S. citizen or permanent resident
— Asylum — for individuals who fear persecution in their home country
— Deportation defense — removal proceedings, bond hearings, BIA appeals
— Family-based immigration — green cards, spousal petitions, family reunification
— Habeas corpus — for individuals in ICE detention without a bond hearing
— Criminal defense in New York — with attention to immigration consequences
Talk to a U Visa Attorney — Confidentially
If you have been the victim of a crime and are unsure whether you qualify for a U visa — or if you know you qualify and are ready to begin — contact us. The first step is a confidential consultation where we assess your situation and explain your options clearly.
We understand that reaching out is not easy. We also understand the community, the language, and the fears that often make people wait too long. Do not make a decision about your future based on incomplete information.
The information on this page is for general informational purposes only and does not constitute legal advice. Every case is different. Contact us for a consultation specific to your situation.