The U visa for domestic violence
The U visa is for a victim of a qualifying crime who has been helpful to law enforcement, and domestic violence is a qualifying crime. Unlike VAWA, the abuser does not have to be a U.S. citizen or green card holder, and you do not have to have been married. The catch is a signed law enforcement certification, and a long wait under an annual cap.
Current as of October 2026. We re-check this page every quarter and after any change in the law.
VAWA was written for people whose status depended on an abusive citizen or resident. Many survivors do not fit that shape. The person hurting you may be undocumented, on a visa, or a citizen you never married. For them, the U visa is often the door.
"Victim" is the word the statute uses, and the word on the forms, so it is the word on this page. It describes a legal category, not who you are.
What the law requires
The U visa is created by INA 101(a)(15)(U) and INA 214(p), and the regulation is 8 C.F.R. 214.14. Under INA 101(a)(15)(U)(i)(I)-(IV) and 8 C.F.R. 214.14(b)(1)-(4), as of October 2026, you show:
- A qualifying crime. Domestic violence is one, under INA 101(a)(15)(U)(iii). The abuser can have any status or none, and the relationship need not be a marriage.
- Substantial physical or mental abuse from the crime. It is judged by the nature, severity and duration of the harm and any lasting harm; a series of acts can add up.
- You have information about the crime. For a child under 16, or a person who is incapacitated, a parent, guardian or next friend may have it instead.
- You have been, are being, or are likely to be helpful to law enforcement, a prosecutor, a judge or another authority, and you have not refused reasonable requests for help since cooperation began. This is the element VAWA does not have.
- The crime violated U.S. law or happened in the United States, including Indian country and military installations.
The petition is Form I-918, decided by USCIS. USCIS has exclusive jurisdiction: no immigration judge can grant it.
What goes in the petition
- Form I-918 Supplement B, the law enforcement certification, signed within the 6 months before you file. See getting the certification.
- Your signed statement describing what happened.
- Any additional evidence you have.
- Form I-192, if you are inadmissible on any ground (8 C.F.R. 212.17).
- Biometrics.
Authority: 8 C.F.R. 214.14(c)(1)-(3). A person in removal proceedings files with USCIS; ICE may agree to a joint motion to terminate without prejudice. A person with a final order may still file, but filing does not stop removal; a stay may be requested under 8 C.F.R. 241.6.
Family members
If you are 21 or older, your spouse and children may be included. If you are under 21, your spouse, children, parents and unmarried siblings under 18 may be included (INA 101(a)(15)(U)(ii); 8 C.F.R. 214.14(a)(10), (f)).
The cap, and the wait
INA 214(p) caps U visas at 10,000 principal visas a year. Demand is higher than that, so even an approvable petition waits. We do not print a wait time. USCIS processing times is the official source, and it changes.
The regulation provides a waiting list. Eligible petitioners who are not granted status solely because of the cap go on a waiting list in filing-date order, with written notice. USCIS grants them and qualifying family members deferred action or parole while they wait, and may authorize work (8 C.F.R. 214.14(d)(2)). That is the regulation's text; we have not confirmed how USCIS applies it in current practice.
U visa or VAWA: how to tell which fits
- The abuser is a U.S. citizen or green card holder spouse or parent. Look first at the VAWA self-petition, which needs no police involvement and no certification.
- The abuser has some other status, or none. VAWA does not reach this. The U visa may.
- You were never married to the abuser. The spousal self-petition does not fit. The U visa may.
- Both could fit. Some people file both. Which to lead with is decided with the whole record.
The side-by-side comparison is on other paths.
If you are already in immigration court
The judge cannot grant the U visa, but can wait for it. Under Matter of Sanchez Sosa, 25 I&N Dec. 807 (BIA 2012), an immigration judge should generally continue proceedings for a U petition that is prima facie approvable. The filed petition, the receipt notice and the signed certification are what make it look approvable. Start at VAWA in immigration court.
Your information is protected
Under 8 U.S.C. 1367(a)(2), DHS, the Justice Department and the State Department may not disclose information about a U visa applicant to anyone, with limited exceptions. Under 1367(a)(1), they may not make an adverse determination of admissibility or deportability using information furnished only by the abuser or the abuser's family, unless you have been convicted of a crime listed in INA 237(a)(2). That does not stop anyone from calling ICE. It is the firm's reading of the statute's reach, explained on confidentiality.
Reporting is your decision
We never tell anyone to report, or not to report. Calling the police changes what happens at home, and that is a safety decision made with an advocate. What we can do is explain what a report means for the immigration case. In danger now? Call 911.
Read next: getting the certification, from U visa to green card, other paths compared, or the T visa.
Common questions
Does the abuser have to be a citizen or have a green card?
No. That is the main difference from VAWA. Under INA 101(a)(15)(U)(iii), domestic violence is a qualifying criminal activity, the abuser need not be a citizen or lawful permanent resident, and the parties need not be married.
Do I have to have called the police?
The U visa requires that you have been helpful to law enforcement, and the petition must include a certification on Form I-918 Supplement B signed by law enforcement. A police report is often where that starts, but the certification is the document that matters. The page on the certification explains how it is requested.
Can an immigration judge grant a U visa?
No. USCIS has exclusive jurisdiction over the U visa. If you are in removal proceedings, the judge can be asked to continue the case while USCIS decides. Under Matter of Sanchez Sosa, 25 I&N Dec. 807 (BIA 2012), a judge should generally continue proceedings for a U petition that is prima facie approvable.
Can my family be included?
Yes. If you are 21 or older, your spouse and children may be included. If you are under 21, your spouse, children, parents and unmarried siblings under 18 may be included (INA 101(a)(15)(U)(ii); 8 C.F.R. 214.14(a)(10), (f), as of October 2026).
Does a U visa lead to a green card?
It can. Under INA 245(m) and 8 C.F.R. 245.24, a U nonimmigrant may apply to adjust status after 3 years of continuous physical presence. The page on U visa to green card covers that step.
The lawyers who will handle your case
One of them calls you back, privately, on your terms.
Talk to a lawyer privately. You decide how we reach you.
Tell us a safe number or email and a safe time, and whether we can leave a message. We never contact the person who hurt you, and we never call from a number or send anything that names this site. The first conversation is free and confidential, in English, Russian, Spanish or Uzbek, with a live interpreter for any other language.