Form I-918 – Petition for U Nonimmigrant Status

According to the USCIS rules, U visa is for immigrants who have been the victim of a serious crime and are assisting U.S. law enforcement with an investigation or prosecution. Applicants must prepare U.S. Citizenship and Immigration Services (USCIS) Form I-918, Petition for U Nonimmigrant Status, and have this petition certified by a qualifying agency and provide evidence to substantiate claims of substantial injury.

The next step is to prepare and apply following these steps:

• Prepare USCIS Form I-918, Petition for U Nonimmigrant Status;
• Include Form I-918, Supplement A if also applying for derivative status for a qualifying family member, and make sure they sign it;
• Have a qualifying agency provide a certification of your helpfulness to accompany this I-918 petition, on Form I-918B;
• Gather evidence to substantiate your eligibility and claims of substantial injury.
• If you have derivative family members who wish to work in the U.S., have each of them prepare Form I-765 for a work permit (with fee);
• Submit your petition and supporting documents to U.S. Citizenship and Immigration Services (USCIS);
• Attend an interview at a USCIS office or your local U.S. consulate, if required.

How to Apply for U Nonimmigrant Visa or Status

Fill USCIS Form I-918 Supplement B, U Nonimmigrant Status Certification, to affirm that you have reliable information that will assist in investigating or prosecuting the case, and that you are cooperating with providing that information to the relevant law enforcement agency.

You will also need to prepare or gather some documents to support your claim, such as:

• Personal narrative statement, describing how you are a victim of criminal activity and the circumstances surrounding the crime;
• Evidence that you are the victim of a qualifying criminal activity;
• Evidence that you suffered substantial physical or mental abuse;

Form I-918: U Visa Document Petition

The principal petitioner for a U visa or U status does not need to worry about applying for a work permit (EAD). If the I-918 is approved, they will be sent an EAD automatically.

Any derivative family members who want to work must, however, separately submit a Form I-765 to USCIS, with accompanying fee (or fee waiver request). This can either be sent with the I-918 petition or the derivative family members can wait and apply for their work permit after the I-918 petition has been approved.

After you have completed the application, make a copy for your files. Then send the packet of forms and documents to the USCIS address listed on the I-918 page of its website. There is no fee for filing a primary U visa petition.

Form I-918: U Visa Document Interview

You might be required to attend an in-person interview, either at a local USCIS office or, if you (or your family members) are applying from overseas, at the U.S embassy or consulate in your home country.

The purpose of the interview will be for U.S. officials to review your file and talk with you personally about your eligibility for a U visa or your relationship with the principal applicant to make sure you are not inadmissible to the United States.

You must be approved for a U visa or U status, but if you are denied, however, and you have no other lawful status in the U.S., you could be deported proceedings and must defend yourself in immigration court.

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