U-Visa for Crime Victims: Eligibility and Application Process

U-Visa for Crime Victims: Eligibility and Application Process

Every year, thousands of immigrants in the United States become victims of serious crimes. Many of these individuals are afraid to report crimes to law enforcement because of their immigration status. The U-Visa was created by Congress through the Victims of Trafficking and Violence Protection Act of 2000 to address this problem. It provides immigration relief to victims of certain qualifying crimes who have suffered substantial physical or mental abuse and who are willing to assist law enforcement in the investigation or prosecution of the criminal activity. For residents of the Atlanta metro area, understanding the U-Visa process can be the difference between living in fear and finding a path toward legal status and safety.

What Is a U-Visa?

The U nonimmigrant visa, commonly known as the U-Visa, is a special immigration benefit available to victims of qualifying crimes who meet specific requirements. The U-Visa allows victims to remain in the United States for up to four years and provides a pathway to lawful permanent resident status. Congress created this visa category recognizing that undocumented immigrants are particularly vulnerable to criminal exploitation and that their cooperation with law enforcement is essential for public safety. The U-Visa is codified in the Immigration and Nationality Act at 8 U.S.C. 1101(a)(15)(U).

Qualifying Crimes for U-Visa Eligibility

Not every crime qualifies for U-Visa purposes. The statute and implementing regulations specify a list of qualifying criminal activities. These include, but are not limited to, domestic violence, sexual assault, rape, trafficking, kidnapping, abduction, false imprisonment, manslaughter, murder, felonious assault, witness tampassing, obstruction of justice, perjury, fraud in foreign labor contracting, involuntary servitude, slave trade, blackmail, extortion, and stalking. Under Georgia law, many of these offenses are codified in Title 16 of the Official Code of Georgia Annotated. For example, domestic violence-related offenses fall under the Family Violence Act at O.C.G.A. 19-13-1 et seq., aggravated assault is defined at O.C.G.A. 16-5-21, and trafficking of persons for labor or sexual servitude is addressed at O.C.G.A. 16-5-46.

Attempts, conspiracy, or solicitation to commit any of these crimes also qualify. Additionally, any similar criminal activity that violates federal, state, or local law may qualify at the discretion of USCIS. This broad language provides flexibility, which is particularly important in the Atlanta area where local and state criminal statutes may not use the exact same terminology as federal immigration law.

Four Key Requirements for U-Visa Eligibility

To be eligible for a U-Visa, an applicant must satisfy four fundamental requirements established by the statute.

1. Victim of a Qualifying Crime

The applicant must be the victim of one of the qualifying criminal activities listed in the statute. Indirect victims may also qualify in certain circumstances. If the direct victim is deceased, incompetent, incapacitated, or under 21 years of age, certain family members may file as indirect victims. In the Atlanta metro area, common qualifying crimes reported by immigrants include domestic violence in homes across Gwinnett and DeKalb counties, sexual assault, labor trafficking at businesses along Buford Highway and in surrounding suburbs, and robbery.

2. Substantial Physical or Mental Abuse

The applicant must have suffered substantial physical or mental abuse as a result of being a victim of the qualifying crime. USCIS considers several factors when evaluating this requirement, including the nature and severity of the injury, the severity of the perpetrator's conduct, and the impact of the harm on the victim. It is important to understand that mental and emotional harm can satisfy this requirement even in the absence of physical injury. Documentation from healthcare providers at facilities such as Grady Memorial Hospital, the Atlanta Victim Assistance center, or community health clinics serving the Latino community can be critical evidence.

3. Information About the Criminal Activity

The applicant must possess information concerning the qualifying criminal activity. If the victim is under 16 years of age, a parent, guardian, or next friend may possess the information on the victim's behalf. This requirement ensures that the U-Visa serves its statutory purpose of encouraging crime reporting and assisting law enforcement.

4. Helpfulness to Law Enforcement

The applicant must have been helpful, is being helpful, or is likely to be helpful to a federal, state, or local law enforcement agency, prosecutor, judge, or other authority in the detection, investigation, prosecution, conviction, or sentencing of the qualifying criminal activity. In the Atlanta area, this means cooperating with agencies such as the Atlanta Police Department, the Fulton County District Attorney's Office, the DeKalb County Police Department, the Gwinnett County Solicitor's Office, or federal agencies such as the FBI or Homeland Security Investigations. This requirement is documented through the law enforcement certification on Form I-918 Supplement B.

The Law Enforcement Certification: Form I-918 Supplement B

One of the most critical components of a U-Visa application is the law enforcement certification. This form must be signed by a certifying official at a law enforcement agency, prosecutor's office, judge, or other qualifying authority. The certification confirms that the applicant has been, is being, or is likely to be helpful in the investigation or prosecution of the qualifying crime. In Georgia, obtaining this certification can vary significantly depending on the jurisdiction. Some agencies in the Atlanta metro area, including certain divisions of the Atlanta Police Department and the Fulton County District Attorney's Office, have established protocols for processing U-Visa certifications. Other jurisdictions may be less familiar with the process. An experienced immigration attorney can identify the appropriate certifying agency and navigate the certification process effectively.

Filing the U-Visa Application

The U-Visa application is filed with USCIS using Form I-918, Petition for U Nonimmigrant Status. The petition must include the signed law enforcement certification on Supplement B, a personal declaration describing the criminal activity and the applicant's victimization, evidence of the qualifying criminal activity, evidence of substantial physical or mental abuse, evidence of helpfulness to law enforcement, and any applicable waivers of inadmissibility on Form I-192.

Waivers of Inadmissibility

Many U-Visa applicants have immigration violations or other grounds of inadmissibility that would normally bar them from receiving an immigration benefit. The U-Visa statute provides for a generous waiver of inadmissibility under INA Section 212(d)(3)(A)(ii). This waiver allows USCIS to excuse most grounds of inadmissibility, including unlawful presence, prior removal orders, unauthorized employment, and certain criminal convictions. The waiver requires the applicant to demonstrate that the approval is warranted in the public or national interest. For many Atlanta-area applicants who have lived and worked in the community for years while in undocumented status, this waiver provision is essential.

Processing Times and the Waitlist

Congress has capped the number of U-Visas that can be issued at 10,000 per fiscal year. Due to overwhelming demand, there is a significant backlog. When the annual cap is reached, qualified applicants are placed on a waitlist and granted deferred action status, which provides protection from removal and, in many cases, work authorization. As of 2026, processing times for U-Visa petitions can extend several years. During this waiting period, applicants with approved petitions who are on the waitlist are protected from deportation and may obtain employment authorization documents, allowing them to work legally in the Atlanta area.

Benefits of the U-Visa

The U-Visa provides several important benefits. First, it grants lawful nonimmigrant status for up to four years. Second, it provides employment authorization, allowing victims to work legally. Third, qualifying family members may be included in the petition as derivatives. For principal applicants who are 21 or older, eligible derivatives include spouses and unmarried children under 21. For principal applicants under 21, eligible derivatives also include parents and unmarried siblings under 18. Fourth, and perhaps most importantly, U-Visa holders may apply for lawful permanent resident status after three years of continuous physical presence in the United States, provided they meet the requirements of INA Section 245(m).

Pathway to Lawful Permanent Residence

After holding U nonimmigrant status for at least three years and maintaining continuous physical presence in the United States, a U-Visa holder may apply for adjustment of status to lawful permanent resident using Form I-485. The applicant must demonstrate that their continued presence in the United States is justified on humanitarian grounds, to ensure family unity, or is otherwise in the public interest. They must also show that they have not unreasonably refused to assist law enforcement since obtaining U-Visa status. This pathway to a green card is one of the most significant benefits of the U-Visa program and provides long-term stability for victims and their families living in the Atlanta community.

Georgia-Specific Considerations

Georgia has its own set of laws and resources that intersect with the U-Visa process. The Georgia Crime Victims' Bill of Rights, codified at O.C.G.A. 17-17-1 et seq., provides additional protections for crime victims in the state, including the right to be treated with fairness, dignity, and respect. Additionally, Georgia's Victims of Trafficking provisions at O.C.G.A. 16-5-46 provide state-level recognition of trafficking crimes that frequently form the basis of U-Visa applications. The Magistrate Court of Fulton County and the Magistrate Court of DeKalb County handle many of the criminal cases that generate U-Visa certifications in the Atlanta area.

Contact J. Lee & Associates for a Free Consultation

If you are an immigrant who has been the victim of a serious crime in the Atlanta area, you may be eligible for a U-Visa. J. Lee & Associates Law Group has extensive experience helping crime victims navigate the U-Visa application process. Our bilingual legal team understands the fear and uncertainty that crime victims face, especially when immigration status is a concern. We work closely with local law enforcement agencies throughout Fulton, DeKalb, Gwinnett, Cobb, and Clayton counties to obtain the certifications our clients need. You do not have to face this alone. Schedule your free and confidential consultation today at /consultation or call our Atlanta office. Your immigration status will never be a barrier to seeking justice.

Related Practice Areas: Immigration | Immigration Services | Criminal Defense

Free Consultation — Call Now

At J. Lee & Associates Law Group, we offer free consultations to evaluate your case. Our bilingual team is ready to help you understand your legal options and fight for the compensation you deserve.

• Phone: (770) 609-9396
• Address: 1250 Tech Dr, Suite 240, Norcross, GA 30093
• Website: https://www.jlalawgroup.com

Se habla español. You pay nothing unless we win your case. Call today for a free and confidential consultation.