The U nonimmigrant visa was created by Congress to protect victims of certain serious crimes who have suffered substantial mental or physical abuse and who are willing to assist law enforcement in the investigation or prosecution of criminal activity. For immigrants in Indiana who have been victims of crimes such as domestic violence, sexual assault, trafficking, or felonious assault, the U visa can be a lifeline to safety and stability.

To qualify for a U visa, the applicant must meet four core requirements. First, they must have been a victim of a qualifying criminal activity — a list that includes abduction, blackmail, domestic violence, extortion, false imprisonment, female genital mutilation, felony assault, fraud in foreign labor contracting, hostage-taking, incest, involuntary servitude, kidnapping, manslaughter, murder, obstruction of justice, peonage, perjury, prostitution, rape, sexual assault, sexual exploitation, slave trade, stalking, torture, trafficking, witness tampering, and unlawful criminal restraint.

Second, the victim must have suffered substantial physical or mental abuse as a result of the criminal activity. Medical records, psychological evaluations, police reports, and affidavits from counselors or therapists can document this harm. The threshold for "substantial abuse" is significant but does not require catastrophic injury — ongoing emotional trauma, documented anxiety or PTSD, and physical injuries all qualify.

Third, the victim must possess information about the criminal activity. This does not mean they must have witnessed the entire crime or be the primary witness. Even victims who have limited information because of trauma or age can qualify, particularly if their cooperation is deemed helpful by law enforcement.

Fourth, and critically, the victim must have been helpful, is being helpful, or is likely to be helpful to law enforcement in the investigation or prosecution of the crime. This requirement is certified by the law enforcement agency through a signed Form I-918 Supplement B, known as the law enforcement certification. Obtaining this certification is often the most challenging part of the U visa process.

U visa holders and their qualifying family members receive deferred action and employment authorization while the petition is pending. The principal applicant must wait for a visa number to become available — currently, the annual cap of 10,000 U visas is regularly reached, creating a significant backlog. Some applicants wait 5 to 10 years or longer for a visa number.

After holding U visa status for three years, the principal applicant may be eligible to apply for adjustment of status to lawful permanent resident (green card). The applicant must demonstrate continuous physical presence in the U.S. for three years, that they have not unreasonably refused to assist law enforcement, and that their continued presence in the U.S. is justified on humanitarian grounds, to ensure family unity, or is otherwise in the public interest.

For Indiana crime victims, our Fishers office works closely with local police departments, sheriff offices, prosecutors, and victim advocates to secure law enforcement certifications and build strong U visa cases. We understand that these cases involve real trauma, and our approach combines legal expertise with compassionate, trauma-informed representation.