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

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":

• Indirect victims: when the direct victim died as a result of murder, manslaughter or a similar crime, or is incapacitated or incompetent and cannot assist law enforcement, the direct victim's spouse and children under 21, and (if the direct victim was under 21) parents and unmarried siblings under 18, may apply as indirect victims.
• Bystanders: in limited circumstances, a bystander who witnessed the crime and suffered unusually direct injury as a result may qualify; this requires case-by-case evaluation.

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:

A few notes:

• State criminal offenses do not always map one-to-one onto the list above. The test is whether the nature and elements of the crime are "similar" to an offense on the statutory list, not whether the name of the offense matches.
• Pure property crimes, such as ordinary theft, burglary or fraud, are generally not on the list; but if the same incident also involved injury, extortion, false imprisonment or similar conduct, the analysis may be different.
• Domestic violence cases are a very common type of U visa case. If the abuser is a U.S. citizen or green card holder spouse, a VAWA self-petition can be evaluated at the same time (see I-360).

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:

• The certification expires: under 8 CFR 214.14(c)(2)(i), Supplement B must be signed within the 6 months before the I-918 is filed. File promptly once you have it.
• Signing is up to the agency: the law does not require law enforcement agencies to sign certifications, and each agency has its own internal policies and procedures. If an agency declines, USCIS cannot compel it, and the petitioner cannot appeal directly.
• Certification is not approval: Supplement B is only one piece of evidence. USCIS independently decides whether every requirement is met, including whether the abuse was substantial and whether the petitioner is admissible.
• No prosecution or conviction is required: it is enough that the agency believes the petitioner has been or is likely to be helpful, even if no one is ultimately arrested, charged or convicted.
• The agency can withdraw the certification: if the petitioner later refuses a reasonable request for assistance, the certifying agency can withdraw or disavow the certification, which directly affects the petition.

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:

• Supplement A can be filed together with the principal's I-918 or later (as long as conditions such as the principal still holding valid U status are met).
• The regulations include age-out protection: when the conditions are met, the principal or a child turning 21 while the case is pending generally does not change eligibility based on age at filing. The specific situation needs to be checked.
• Family members do not need to be crime victims themselves and do not need a Supplement B, but they must prove the family relationship and be admissible or obtain a waiver.
• The abuser or a participant in the crime cannot receive derivative U status, even if he or she is the principal's spouse or parent.
• Family members outside the United States apply for visas at a U.S. embassy or consulate after the I-918 Supplement A is approved.

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

• Personal information and immigration history: every entry date, manner of entry, status and name ever used must match CBP and USCIS records. If you have ever been in immigration court proceedings, disclose it truthfully.
• Eligibility questions: answer each item, including whether you are a victim, whether you suffered substantial abuse, whether you have information, whether you have been helpful, and where the crime occurred. Your answers should be consistent with Supplement B and your personal statement.
• Inadmissibility (yes/no) questions: these cover criminal, immigration-violation and security issues and must be answered truthfully. For any "yes" answer, attach an explanation and the relevant records, and file an I-192. Concealing an issue is more dangerous than the issue itself.
• Family member information: list your family members as required, even if you are not filing Supplement A for them now.
• Signature: unsigned forms are rejected. The USCIS form page states which edition is currently accepted; be sure to use the current edition.

Evidence and documents to prepare

• The original I-918 Supplement B law enforcement certification (signed within 6 months before filing);
• A personal statement signed by the petitioner, describing the crime, the harm suffered and the assistance given to the investigation;
• Evidence of victimization and harm: police reports, court records, protective orders, medical records, counseling or therapy records, photos, third-party witness statements, etc.;
• Evidence of helpfulness to law enforcement: correspondence with police and prosecutors, court subpoenas, etc.;
• Identity documents: passport, birth certificate, etc.;
• If there are inadmissibility issues: Form I-192 and supporting evidence, including the dispositions of any criminal cases;
• For family members: Supplement A and proof of the relationship (marriage certificate, birth certificates, etc.);
• If you need a work permit: Form I-765 (see below).

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:

• 3 years of continuous physical presence in the United States since admission in, or grant of, U status (in principle, a single trip abroad of more than 90 days or more than 180 days in total breaks continuity, unless the absence was to assist in the investigation or prosecution or is certified as justified by the certifying agency);
• Still holding U status when the I-485 is filed;
• Not having unreasonably refused a reasonable request for assistance from law enforcement since receiving U status;
• Continued presence being justified on humanitarian grounds, to ensure family unity, or in the public interest (discretionary);
• Not falling within a statutory bar such as participation in Nazi persecution or genocide.

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

• Supplement B has expired (more than 6 months old) or the signer was not authorized;
• The crime is not a qualifying crime, or it cannot be shown to be "similar" to a statutory crime;
• The harm does not rise to "substantial physical or mental abuse," or the evidence is insufficient;
• Serious grounds of inadmissibility, with the I-192 waiver denied;
• Refusal of a reasonable law enforcement request for assistance, or withdrawal of the certification;
• The form or statement clearly contradicts law enforcement records, raising credibility concerns.

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

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

Official sources

• USCIS: Form I-918 official page
• USCIS: Victims of Criminal Activity: U Nonimmigrant Status
• USCIS Policy Manual, Volume 3, Part C: U nonimmigrant status
• 8 CFR 214.14 (U nonimmigrant status regulations)
• 8 CFR 245.24 (adjustment of status for U status holders)
• USCIS Fee Schedule G-1055

Related reading

• Form I-914 guide: T visa (trafficking victims)
• Form I-360 guide: widow(er)s, VAWA, SIJ, religious workers
• Form I-192 guide: nonimmigrant inadmissibility waiver
• Form I-485 guide: adjustment of status
• What to do when you receive an RFE

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.