U-Visa requirements 2026: Complete eligibility guide

Do I Qualify for a U-Visa?

One of the most common questions we receive at Law Group International is simple, and completely understandable: “Do I qualify for a U-Visa?”

Eligibility can feel confusing at first, especially if you’re undocumented or afraid to interact with law enforcement. The good news is that the U-Visa rules are actually straightforward once you understand the four requirements, and there is flexibility in how they’re evaluated.

In this guide, we break down each requirement in plain English, with real-life examples, so you can quickly see where you might fit.

The 4 U-Visa Requirements

To approve a U-Visa, USCIS looks at four statutory requirements. All four must be met, but each case is reviewed individually, based on the totality of the evidence. Below, we explain each requirement in detail.

Requirement 1 – Victim of a Qualifying Crime

To qualify, you must be considered a “victim” under immigration law. This definition is broader than many people realize and includes:

• Direct victims: You were the target of the crime (for example, domestic violence, sexual assault, or robbery).
• Indirect victims: A close family member was the victim, and you suffered harm as a result (such as a parent whose child was murdered).
• Bystanders or witnesses: You witnessed a violent crime and suffered physical or emotional harm, such as PTSD or severe anxiety.

Examples:

• A domestic violence survivor who called the police after an assault.
• A robbery victim who was injured during the crime.
• A witness to a shooting who later developed trauma-related symptoms.
• A family member of a homicide victim who suffered emotional harm.

Location matters: The crime must have occurred in the United States or violated U.S. law.
Reporting timing: The crime does not have to have been reported at the time it happened. You can report it later and still qualify.

Requirement 2 – Substantial Abuse

USCIS requires proof of substantial physical or mental abuse, evaluated under the totality of circumstances, not a rigid checklist.

Physical abuse may include:

• Assault, battery, sexual violence, or any physical injury.
• You do not need permanent injuries or hospitalization.

Mental or emotional abuse is equally valid and may include:

• PTSD, anxiety, depression, fear, or sleep disorders.
• Emotional trauma that disrupts your daily life or sense of safety.

What USCIS considers:

• The severity and nature of the crime.
• How the harm occurred.
• The lasting impact on your physical or mental health.

Evidence: Medical or therapy records help, but they are not required. A detailed personal declaration describing what happened and how it affected you can be enough. Photos, witness statements, and counseling records strengthen the case.

Requirement 3 – Information About the Crime

This is often one of the easiest requirements to meet.

If you were the victim or a witness, you almost certainly possess information about the crime. You do not need to:

• Know the perpetrator’s identity.
• Solve the crime.
• Remember every detail (trauma affects memory).

What matters is your willingness to share what you know with authorities, even partial information counts.

Requirement 4 – Helpful to Law Enforcement

You must have been, be, or be likely to be helpful to law enforcement in investigating or prosecuting the crime.

Examples of helpfulness include:

• Calling 911 or the police.
• Giving a statement or participating in interviews.
• Identifying suspects or providing evidence.
• Testifying, or being willing to testify.

This requirement is confirmed through Form I-918 Supplement B, signed by a certifying official.

Who can certify?

• Police departments
• Prosecutors or district attorneys
• Judges
• Federal agencies (such as FBI or ICE)
• State agencies (child protective services, labor agencies)
• EEOC or the Department of Labor

If one agency refuses to sign, another may still certify. An experienced attorney can help identify alternatives and advocate on your behalf.

What If I Don’t Meet All Requirements?

Many people assume they’re disqualified, but often, they’re not.

• “Police won’t sign the certification.”
  Multiple agencies can certify. An attorney can help find the right one.
• “The crime happened years ago.”
  There is no time limit to apply for a U-Visa, even crimes from 10+ years ago can qualify.
• “I have a criminal record.”
  Certain issues may be waived for U-Visa applicants and are reviewed case by case.
• “My abuser was a family member.”
  You may still qualify for a U-Visa, and possibly VAWA if the abuser was a U.S. citizen or permanent resident.

Alternatives: If a U-Visa isn’t the right fit, other options may include a T-Visa (for trafficking victims), VAWA, or asylum, depending on your situation.

Self-Assessment Checklist

Ask yourself:

• I was the victim of or witnessed a crime in the United States.
• The crime caused me physical injury or emotional or mental harm.
• I have information about what happened, even if incomplete.
• I reported the crime or am willing to cooperate with law enforcement.
• I currently live in the United States.

If you checked all boxes, you likely meet the basic eligibility criteria. A consultation with an immigration attorney can confirm this and identify any potential issues.

FAQs About Eligibility

Can undocumented immigrants get a U-Visa?
Yes. That’s the purpose of the U-Visa, to protect crime victims regardless of immigration history.

What if I was arrested or have a criminal record?
It depends on the offense. Many issues can be waived. An attorney should review your record.

My abuser is my spouse, do I still qualify?
Yes, for a U-Visa. You may also qualify for VAWA, which has different benefits.

The crime happened 10 years ago, is it too late?
No. There is no deadline to apply.

What if I didn’t report the crime when it happened?
You can report it now. The key is your willingness to cooperate.

U-Visa eligibility is often broader than people think. Many victims who assume they don’t qualify actually do, once their situation is properly reviewed.

The attorneys at Law Group International have helped hundreds of crime victims understand their options and obtain U-Visa protection. Don’t guess about your future.

Schedule your free, confidential consultation today and get clear answers from a team that understands both the law and the fear victims face.