How U Visas Can Help Immigrant Victims of Domestic Abuse

This piece was originally published in 2016. It was updated in 2024. 

Many survivors of domestic violence hesitate to report their abusers because of embarrassment, financial concerns and a fear of retribution. For undocumented immigrants in the U.S., another threat looms even larger.

“The main reason that immigrant survivors of domestic violence don’t come forward is the fear of deportation,” says Andrea Cárcamo, a former policy analyst and legislative liaison at Casa de Esperanza, a national domestic violence resource center for organizations working with the Latino population.

For immigrants, the U visa program might be an option. Here’s what you need to know about it.

What Is the U Visa Program?

Overseen by U.S. Citizen and Immigration Services (USCIS), the program is designed to encourage undocumented immigrants to come forward about abuse that occurs within the United States. 

“It also helps bring immigrant survivors out of the shadows and build trust with law enforcement, to help find those who should be put behind bars,” Cárcamo says.

The program grants U nonimmigrant status (commonly referred to as a U visa) to victims of certain crimes, including:

• Abduction/kidnapping
• Abusive sexual contact
• Domestic violence
• Extortion
• Felonious assault
• Incest
• Rape
• Sexual exploitation
• Stalking
• Trafficking
• Witness tampering
• Other related crimes

The U visa allows a person to remain in the U.S. for up to four years. It protects from deportation and provides eligibility to work in the U.S. as well as eligibility to apply for a green card after three years. However, there are stipulations. 

U Visa Program Requirements 

To be eligible for a U visa, a survivor must have suffered “substantial physical or mental abuse” as a result of the crime. They must also be “willing to help law enforcement authorities in the investigation or prosecution of the criminal activity,” according to USCIS. That can mean different things in different cases. Sometimes, all a survivor needs to do is report the crime.

“Being ‘helpful’ is a nuanced concept,” Cárcamo says. “There are misconceptions that the perpetrator must have been arrested or convicted, but that’s not true. Even in cases where law enforcement decides not to move forward or take a case to court, the survivor was already helpful by reporting the crime.”

Protection for Family Members

Survivors can also apply for U nonimmigrant status for certain family members. 

If the survivor application is under age 21, they can also petition on behalf of their spouse, children, parents, and unmarried siblings under age 18. Survivors 21 and older can petition on behalf of their spouse and children. 

“A U visa meets all the requirements that could put a survivor and their children on a path to citizenship,” Cárcamo says.

U Visa Cost

There is no fee to apply to the U visa program. However, Cárcamo recommends seeking assistance from an immigration advocate or attorney to file the paperwork, which requires precision and can be confusing. Such professionals will be familiar with specific language that can bolster a petition, especially because the federal definition of a crime isn’t always the same as a state’s definition. 

The Immigration Advocates Network and the National Immigrant Women’s Advocacy Project both maintain directories of service providers willing to help for free or nominal fees. 

Program Limitations

Once U nonimmigrant status is granted, it’s valid for four years. Extensions are only granted in specific circumstances. But after three years, petitioners who meet certain requirements can apply for a green card.

Only 10,000 U visas are granted each year to principal petitioners, and Cárcamo says that cap is frequently met in just the first few months. When that happens, the USCIS creates a waiting list of all eligible petitioners who are awaiting a final decision and a U visa. Those petitioners are granted “deferred status” and are eligible to apply for work authorization while they wait for additional U visas to become available.

Next Steps and Other Resources

Before you contact an attorney about applying for a U visa, the first step in escaping abuse is creating a safety plan. Connect with a trained domestic violence advocate near you to help you with this. They can also help you find shelter, housing, food assistance, financial aid, mental health support and more. And be sure to learn about your rights as a victim, which may include compensation. In most states, you do not need to be a citizen to receive financial assistance to pay for things like medical expenses, lost wages and counseling. Contact the VictimConnect Resource Center to text with a helpline advocate.

For more information about escaping domestic violence as an undocumented immigrant in the U.S., read “Protections for Undocumented Immigrants.”