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Form I-918 guide: Petition for U Nonimmigrant Status (U visa)

Wang Law Firm, LLC · David Wang, Managing Attorney · Attorney-reviewed · Updated October 2026

Form I-918's official title is Petition for U Nonimmigrant Status, commonly called the "U visa petition," and it is decided by U.S. Citizenship and Immigration Services (USCIS). Congress created the U visa as a nonimmigrant category in the Victims of Trafficking and Violence Protection Act of 2000; the legal basis is Immigration and Nationality Act (INA) 101(a)(15)(U). It protects people who suffered a crime listed in the statute in the United States, suffered substantial physical or mental abuse as a result, and have been helpful to law enforcement in investigating or prosecuting that crime.

The I-918 is the first step in the process: the victim first obtains a certification signed by a law enforcement agency (Supplement B) and then files the I-918; once approved, the victim receives U status for up to 4 years along with work authorization; after 3 years of continuous residence in the United States in U status, the victim may apply for a green card through Form I-485. Because there are only 10,000 principal U visas available each year and far more applicants than that, most cases involve a long wait, which may include a "bona fide determination" (BFD) stage or a "waiting list" stage.

At a glance

ItemDetails
Official titleForm I-918, Petition for U Nonimmigrant Status
AgencyUSCIS (for people outside the United States, a U.S. embassy or consulate issues the U visa after approval)
Who filesThe victim of the qualifying crime (the principal petitioner); a victim under 16 or who is incapacitated may be assisted by an eligible person
Main supplementsSupplement A: for qualifying family members (Petition for Qualifying Family Member of U-1 Recipient); Supplement B: law enforcement certification (U Nonimmigrant Status Certification)
When to fileAfter obtaining the Supplement B certification; the certification must be signed within the 6 months before filing
Online filingCheck the current instructions on the official USCIS form page; for the filing address, see the official "Where to File" instructions
Common related formsI-192 (inadmissibility waiver), I-765 (work permit), G-28 (attorney representation); later, I-485 for the green card, and I-929 for family members who never held U status
Official pageuscis.gov/i-918

Who can apply

Under INA 101(a)(15)(U)(i), the principal petitioner must meet all four of these statutory requirements:

  1. Suffered "qualifying criminal activity" and, as a result, substantial physical or mental abuse. In deciding whether the abuse is "substantial," USCIS weighs factors such as the nature, severity and duration of the harm and its long-term effects on health and daily life; aggravation of a pre-existing condition by the crime can also be considered.
  2. Has information about the crime. If the victim is under 16 or incapacitated, a parent, guardian or "next friend" may possess and provide the information.
  3. Has been, is being, or is likely to be helpful to law enforcement in the investigation or prosecution. This duty to assist is ongoing: from the time of the crime through the later green card application, the victim must not unreasonably refuse reasonable requests for assistance from law enforcement.
  4. The crime occurred in the United States (including Indian country, military installations and U.S. territories and possessions) or violated U.S. law. Certain crimes committed abroad over which the United States has extraterritorial jurisdiction (for example, some trafficking-related crimes) may also qualify.

Besides direct victims, the following may also be treated as "victims":

The following generally do not qualify: participants in or co-conspirators of the crime (even if they were also harmed); people who merely witnessed the crime without being harmed; and people whose experience is not a crime on the statutory list and cannot be considered "similar activity." Also, the petitioner does not have to be in the United States: if the crime occurred in the United States but the victim has since left, the I-918 can be filed from abroad.

Qualifying crimes

INA 101(a)(15)(U)(iii) lists the following crimes (and "any similar activity"), including attempt, conspiracy and solicitation to commit them:

CategoryStatutory crimes
Violence and bodily harmMurder, manslaughter, felonious assault, torture, domestic violence, stalking
Sexual offensesRape, sexual assault, abusive sexual contact, sexual exploitation, prostitution, incest, female genital mutilation
Deprivation of libertyAbduction, kidnapping, being held hostage, false imprisonment, unlawful criminal restraint
Trafficking and forced laborTrafficking, involuntary servitude, peonage, slave trade, fraud in foreign labor contracting
Obstruction of justice and extortionObstruction of justice, perjury, witness tampering, blackmail, extortion

A few notes:

Supplement B: law enforcement certification

Supplement B (U Nonimmigrant Status Certification) is required with every I-918; without it the petition cannot succeed. It is signed by the head of a "certifying agency" or a supervisor that person has designated, and it certifies that the petitioner is a victim of qualifying criminal activity, has information about it, and has been, is being, or is likely to be helpful to the investigation or prosecution.

Who can sign: federal, state and local law enforcement agencies, prosecutors and judges responsible for investigating or prosecuting the qualifying crime, and other agencies with investigative or prosecutorial responsibility, such as child protective services, the U.S. Equal Employment Opportunity Commission (EEOC), and federal or state labor departments.

Points to watch:

Supplement A: petitioning for family members

The principal petitioner may file Supplement A for "qualifying family members," who receive derivative U-2 through U-5 status once approved. Which family members qualify depends on the principal's age when the I-918 is filed:

Principal's age at filingEligible family members
Under 21Spouse, unmarried children under 21, parents, unmarried siblings under 18
21 or olderSpouse, unmarried children under 21

Inadmissibility and the I-192 waiver

U visa petitioners must be "admissible." Many U visa petitioners have issues such as overstays, entry without inspection, prior removal, immigration violations or even minor criminal records. The law provides a very broad waiver for this: under INA 212(d)(14), USCIS may waive nearly every ground of inadmissibility if doing so is in the public or national interest (except a very small number of grounds, such as participation in Nazi persecution, genocide, torture or extrajudicial killings). The waiver is requested on Form I-192, filed together with the I-918.

The waiver is discretionary: the more serious the ground of inadmissibility (for example, a serious criminal offense), the more positive factors are needed to balance it. Anyone with a criminal record should obtain complete court records and have an attorney evaluate them before filing.

Tips for completing the form

Evidence and documents to prepare

Documents such as notarial certificates of birth or marriage from mainland China must include a complete English translation and a translator's certification; see Translation requirements for immigration documents. Do not send originals unless officially requested.

How to file and fees

The fee and fee-exemption rules for the I-918 and related forms (I-192, I-765, etc.) differ from ordinary applications and have changed frequently in recent years, so rely on the official fee schedule; if you genuinely need it, you can evaluate whether to request a fee waiver (see I-912). Check current USCIS rules: USCIS Fee Schedule G-1055; for how to look this up, see How to check fees and processing times. For the filing address, follow the current instructions on the official I-918 page.

Annual cap, waiting list and bona fide determination

Under INA 214(p)(2), U status may be granted to at most 10,000 principal petitioners (U-1) in each fiscal year; derivative status for family members does not count toward this cap. Because demand far exceeds the cap, the numbers are usually used up quickly each fiscal year, creating a large backlog. To address this, USCIS uses two "intermediate stages":

1. Bona fide determination (BFD)

Since June 2021, USCIS has first conducted a "bona fide determination" for petitioners in the United States. In general, the petition must have been properly filed with all initial evidence (including Supplement B and the personal statement, but not the I-192), and biometrics must have been collected. Petitioners found to be bona fide who also pass background checks and a discretionary review may receive deferred action and a BFD-based work permit. Since August 2023, USCIS may also conduct BFD reviews for qualifying family members after the principal receives a BFD. USCIS encourages filing the I-765 together with the I-918 or Supplement A.

2. Waiting list

For petitions that do not receive a BFD, USCIS conducts a full review; if the petitioner meets every requirement but the cap has been reached, the petitioner is placed on the waiting list (8 CFR 214.14(d)(2)). Petitioners on the list who are in the United States generally receive deferred action or parole and may apply for a work permit. When numbers become available in a new fiscal year, formal U status is granted in order of filing.

Recent changes: On May 8, 2026, USCIS issued a policy alert (PA-2026-01) adding a deferred action part to the Policy Manual that characterizes deferred action as an "extraordinary" exercise of prosecutorial discretion decided case by case, applying to requests pending at that time and filed afterward. How this will specifically affect deferred action at the BFD and waiting list stages is still unclear. In addition, ICE's January 2025 enforcement guidance on victim-based applicants (Policy 11005.4) is the subject of a class action in the U.S. District Court for the Central District of California (Immigration Center for Women and Children v. Noem); on May 20, 2026 the court granted a preliminary injunction in part. This is only a preliminary ruling; the case is ongoing and may be appealed. Verify the latest rules before filing.

What happens after filing

  1. Receipt notice: USCIS issues an I-797C receipt. Keep the receipt number; you can check the status online (see How to check your USCIS case status).
  2. Biometrics: go to the Application Support Center as scheduled for fingerprints and photos.
  3. BFD or full review: as described in the previous section. You may receive a Request for Evidence (RFE) along the way; see How to respond to an RFE.
  4. Waiting list (if applicable).
  5. Approval: U status is approved when a number is available. The principal automatically receives work authorization upon approval and does not need to file a separate I-765; family members in the United States must file an I-765 for a work permit after approval.
  6. Family members abroad: after Supplement A is approved, they apply for U visas at a U.S. embassy or consulate.

For processing times, see USCIS processing times. Because of the cap backlog, the overall wait for a U visa is often long; plan accordingly.

Length of U status and getting a green card

U status lasts up to 4 years (INA 214(p)(6)). It can be extended where the certifying agency certifies that the petitioner's continued assistance is needed, where there are exceptional circumstances, or where an adjustment of status application has been filed, among other situations.

Under INA 245(m) and 8 CFR 245.24, a person in U status may apply for a green card through Form I-485. The main requirements include:

Family members of a U status holder who are in the United States may apply for green cards together as derivatives. For a qualifying family member who never received derivative U status (for example, a spouse the principal married after approval), the principal may file Form I-929 on that person's behalf; the requirements include "extreme hardship," among others. Adjustment from U status is discretionary relief: even if hard requirements like the 3 years are met, you should prepare strong positive discretionary evidence (for example, records of family, work and community ties and assistance to law enforcement).

Common reasons for denial and options afterward

After an I-918 denial, you may file an appeal with the Administrative Appeals Office (AAO) or a motion within the deadline, using Form I-290B. Denial of an I-192 waiver cannot itself be appealed, but the regulations do not prohibit refiling the waiver request where appropriate. Anyone left without lawful status after a denial may face enforcement risk and should consult an attorney promptly.

U visa compared with similar options

ItemU visa (I-918)T visa (I-914)VAWA self-petition (I-360)
Who is protectedVictims of qualifying crimesVictims of severe forms of human traffickingPeople abused by a U.S. citizen or green card holder spouse, parent or adult child
Law enforcement certification required?Supplement B requiredSupplement B is optional evidenceNot required
Must assist law enforcement?Must have been, be, or be likely to be helpfulIn principle must comply with reasonable requests (exceptions for those under 18 or unable to cooperate due to trauma)Not required
Must be in the United States?NoMust be in the United States or another qualifying location on account of traffickingGenerally in the United States, with exceptions
Annual cap10,000 principals5,000 principalsDepends on the family category (spouses of U.S. citizens are immediate relatives, not subject to the cap)
Green cardAfter 3 years in U statusAfter 3 years in T status (or when the investigation ends, whichever is shorter)Apply by category after the I-360 is approved

The same person may qualify for more than one option; for example, someone abused by a spouse may qualify for both a U visa and VAWA. Which path to choose depends on wait times, evidence, whether a law enforcement certification is needed, and family members' needs. See also I-914 T visa and I-360.

Frequently asked questions

If I have no lawful status, will reporting a crime or applying for a U visa get me deported?

The U visa was created specifically to encourage victims without status to cooperate with law enforcement, and a large share of petitioners have no lawful status. The law gives confidentiality protection to information about U, T and VAWA applicants (8 U.S.C. 1367), but enforcement policies and related guidance have changed a great deal in recent years, and some are being litigated. Whether and when to apply should be evaluated by an attorney once you understand your personal risks.

What if the police department will not sign Supplement B?

Signing a certification is within the agency's discretion. You can learn the agency's certification policy, provide additional evidence of your assistance, or approach another agency in the same case that has authority to sign, such as the prosecutor's office or the judge who heard the case. Different agencies may take different positions on the same case.

The crime happened many years ago. Can I still apply?

The law does not set a deadline for applying after a crime. What matters is whether you can obtain a law enforcement certification and prove the victimization and harm. For older cases, certifications and evidence are often harder to obtain, but not impossible.

Can I work while I wait?

Petitioners in the United States can generally apply for a work permit after receiving a BFD or being placed on the waiting list and granted deferred action. Those who have only filed the I-918 and have not yet gone through these reviews usually cannot work yet. Deferred action policy has changed in recent years; check current official rules.

Can I travel abroad in U status?

Yes, but note two things: first, you may need a valid U visa or a reentry document to return; second, a long absence can break the 3 years of continuous presence and affect your later green card application. Get an evaluation before you leave.

My spouse is the abuser. Can I include my children as family members?

You can file Supplement A for eligible children. The abuser cannot obtain derivative U status through your petition.

Can I apply for a U visa and asylum at the same time?

The two have different requirements and legal bases and can be evaluated together. If you are in immigration court proceedings, the court process must also be considered. The specific strategy must be determined by an attorney based on your situation.

Official sources

Related reading

If you or a family member was harmed by a crime in the United States and want to know whether you qualify for a U visa, how to obtain a law enforcement certification, or whether another option fits better, you can book an attorney evaluation. We will first review what happened and your immigration record, then explain the possible options and risks.

This article is general information and is not legal advice. Laws and policies may change; rely on the latest official information and on an attorney's advice for your specific situation.