At The Law Offices of James A. Welcome, we’ve worked with hundreds of immigrants across Connecticut who have found themselves in dangerous, life-threatening situations. Many came to the United States for a better life—only to face abuse, violence, or serious crime once here. What often gets overlooked is that immigrant victims of crime have rights—and one of the most powerful protections available is the U visa.
For those unfamiliar, the U visa is a humanitarian form of immigration relief that allows victims of certain crimes to stay in the United States, regardless of their immigration status, as long as they meet key eligibility requirements. It’s more than just a temporary solution—it’s a path toward legal status, a work permit, and even U.S. citizenship.
In this guide, we’ll break down how the U visa works, who qualifies, how to apply, and why recent political developments—particularly under President Donald Trump, could place this critical protection at risk.
What Is a U Visa?
The U visa, also known as the U nonimmigrant status, was created by Congress in 2000 through the Victims of Trafficking and Violence Protection Act. Its main goal is to encourage undocumented immigrants who are victims of certain serious crimes to report and assist law enforcement without fear of deportation.
Many immigrants fear going to the police—even when they are victims—because they believe it could lead to arrest, detention, or removal. The U visa provides protection in these situations by offering a safe and legal option to stay in the U.S. and cooperate in the investigation or prosecution of crimes.
Who Qualifies for a U Visa?
To be eligible for a U visa, you must meet the following basic requirements:
- You must be a victim of a qualifying crime.
This includes but is not limited to domestic violence, sexual assault, human trafficking, kidnapping, stalking, felony assault, or other violent crimes.
- You must have suffered substantial physical or mental abuse as a result of the crime.
- You must be helpful to law enforcement or prosecutors in the investigation or prosecution of the crime.
- The crime must have occurred in the U.S. or violated U.S. laws.
- You must be admissible to the United States.
If not, you may apply for a waiver using Form I-192.
Importantly, unauthorized immigrants are just as eligible as anyone else to apply for a U visa. The law recognizes that justice and public safety require cooperation from all communities—regardless of legal status.
Key Facts About the U Visa
Here are some important things to know if you’re considering applying for a U visa or supporting someone who is:
- Only 10,000 U visas are granted per year.
Because of this cap, applicants are often placed on a waiting list but may still receive a deferred action status and work permit while they wait.
- You do not need to be married or related to a U.S. citizen.
This is not a family-based visa, and you do not need a sponsor in the traditional sense.
- You can include certain family members.
Spouses, children, and in some cases, parents or siblings may be included as derivative beneficiaries.
- U visa recipients can apply for a green card (lawful permanent residence) after three years of continuous presence in the U.S. on U visa status, provided they meet eligibility requirements.
- Eventually, U visa holders may apply for U.S. citizenship.
How the Application Process Works
Applying for a U visa requires several key documents and steps:
- Form I-918 – Petition for U Nonimmigrant Status
- Supplement B (Form I-918, Part B) – Certification of helpfulness from a law enforcement agency
- This form must be signed by a police officer, prosecutor, judge, or other official confirming your cooperation
- This form must be signed by a police officer, prosecutor, judge, or other official confirming your cooperation
- Personal statement – Describing the crime and how it affected you
- Supporting evidence – This may include police reports, medical records, witness statements, psychological evaluations, etc.
- Waiver application (Form I-192) – If you are inadmissible for any reason, including past immigration violations
Because of the paperwork and importance of getting every detail right, we strongly recommend working with an experienced immigration attorney—especially if you’re applying while undocumented or have a complex background.
Real-World Example: U Visa in Action
One of our clients at The Law Offices of James A. Welcome was a young woman from Central America who came to the U.S. after experiencing violence in her home country. She later became the victim of a violent domestic assault by a partner who used her immigration status to control her.
Although she feared going to the police, she eventually called 911 and cooperated with prosecutors. With our help, she was able to file a U visa application, obtain a work permit, and begin rebuilding her life independently. Today, she is a lawful permanent resident and on her way to becoming a U.S. citizen.
Her story is not unique. We see cases like this every year—stories of people who would have stayed silent if not for the protections the U visa offers.
What Trump’s 2025 Immigration Agenda Could Mean for U Visa Applicants
With Donald Trump back in office and a renewed focus on harsh immigration enforcement, humanitarian visa programs like the U visa face growing uncertainty. While the program has not been eliminated outright, key proposals in Trump’s 2025 policy roadmap could severely restrict access, slow down processing, and put victims of crime at greater risk.
The Political Shift
Under the current administration, several public statements and leaked policy drafts suggest a goal of reducing what officials call “loopholes” in humanitarian immigration protections. Trump and his advisors have labeled certain visa programs—including U visas, T visas (for trafficking victims), and VAWA self-petitions—as “abused pathways” that should be tightened or rolled into a broader enforcement structure.
There is also a renewed emphasis on fast-track deportations and limiting prosecutorial discretion, both of which disproportionately impact immigrant crime victims who are still building their cases or waiting for police cooperation. In many jurisdictions, law enforcement is already less willing to issue U visa certifications under political pressure.
This kind of climate doesn’t just affect policy—it has a chilling effect on victims who are deciding whether to come forward.
Delays and Backlogs Are Already Worsening
Even before these policy shifts, U visa applicants were facing multi-year wait times due to the statutory 10,000 visa cap. But with immigration courts more overwhelmed than ever and less administrative support for humanitarian cases, those wait times could become even longer.
For a crime victim waiting on a work permit or protection from deportation, an extra year—or even six months—can mean financial instability, fear, or further victimization. Our office has worked with clients stuck in this legal limbo while still trying to stay safe and support their children.
It is now more important than ever for U visa applicants to work with a law firm that understands the legal landscape and can respond quickly to policy shifts.
U Visa Questions & Answers
To make this information easier to understand, here are answers to some of the most common questions we receive from clients at The Law Offices of James A. Welcome.
Q: I’m undocumented. Can I still apply for a U visa?
A: Yes. Immigration status does not prevent you from applying. The U visa is designed specifically to protect undocumented victims of crime who are helpful to law enforcement.
Q: Do I have to testify in court to qualify?
A: Not necessarily. You must show that you’ve been helpful, are being helpful, or are likely to be helpful in the future. This can include giving a police report, assisting in an investigation, or working with prosecutors. You do not need a conviction or a courtroom appearance.
Q: Can my family apply with me?
A: Yes, certain family members may qualify for what’s called a “derivative” U visa. This includes spouses and children, and in some cases, parents or unmarried siblings under 18. Each situation is different, so legal guidance is important.
Q: What if the crime happened years ago?
A: That’s okay. There is no time limit on how old the crime can be, but you must still have supporting documentation and evidence of cooperation with law enforcement.
Q: Is the U visa still available under the Trump administration?
A: As of now, yes—but it is under increasing pressure. Delays, stricter screening, and policy shifts may make it more difficult to apply and get approved. That’s why now is the time to take action with legal support.
Why the U Visa Is Under Pressure
While the U visa program still exists, it is under strain—and possibly under threat under the renewed Trump administration.
In past policy proposals, Trump officials have suggested eliminating or severely limiting humanitarian protections like the U visa. While these efforts haven’t yet resulted in formal repeal, ongoing confusion, backlogs, and shifting priorities have already hurt victims who rely on this system.
Some of the problems we’re seeing include:
- Longer processing times (many applicants now wait 4+ years)
- Delays in law enforcement certification
- Increased scrutiny of applicants’ backgrounds
- Fewer approvals for waivers of inadmissibility
The Stakes Are Too High
The U visa is not about avoiding the law—it’s about upholding the law and protecting those most at risk. At its core, this program was created to ensure that survivors of serious crimes—regardless of their immigration status—are not silenced by fear. It empowers victims to report abuse, cooperate with law enforcement, and pursue justice without the threat of deportation hanging over them. When victims are too afraid to call the police, report a violent partner, or testify against an abuser, crimes go unpunished. Offenders remain free to harm others. Witnesses disappear. Entire neighborhoods suffer. The U visa was designed to break that cycle by creating a bridge between immigrant communities and law enforcement.
At The Law Offices of James A. Welcome, we firmly oppose any effort to weaken or dismantle this program. The proposals currently resurfacing under the Trump administration—whether they involve eliminating U visas entirely, limiting certification access, or lumping humanitarian protections into enforcement-heavy policies—are not just legally misguided. They are dangerous.
Instead of restricting the program, our government should be expanding it—increasing the annual cap, reducing the backlog, and investing in public education so that more victims know their rights. At our firm, we’ve seen firsthand what the U visa can do. We’ve helped clients escape abuse, rebuild their lives, support their families, and become permanent residents and citizens. The impact is real. And so is the risk of losing this protection if the wrong policies move forward unchecked.
Get the Help You Need
If you or someone you care about has been the victim of a serious crime and is afraid of deportation or retaliation, it’s important to know that legal options may be available. The U visa can provide more than just protection from removal—it can offer a path to stability, lawful work, and long-term safety in the United States.
At The Law Offices of James A. Welcome, we’ve been serving immigrant communities across Connecticut for over 20 years. We approach every U visa petition with care, discretion, and dedication because we understand just how much is on the line.
To learn more or to speak with an attorney, call us at (203) 753-7300 or visit www.welcomelawfirm.com to schedule a confidential consultation.
Your safety matters. Your rights matter. We’re here to help you protect both.