MICHIGAN- Immigrants who become victims of crime in the U.S. often fear coming forward—worried that reporting a crime may expose their immigration status or lead to deportation.
To protect these vulnerable individuals and strengthen cooperation with law enforcement, Congress created the U-Visa in 2000 under the Victims of Trafficking and Violence Protection Act (VAWA).
U-Visa offers a powerful pathway toward safety, stability, and eventually permanent residency—but the process is complex, highly technical, and deeply impacted by both federal and local practices. Here is what you need to know.
What Is a U-Visa?
A U-Visa is a special nonimmigrant visa available to immigrants who have been victims of certain qualifying crimes and who are willing to assist law enforcement in investigating or prosecuting that crime.
Although thousands apply every year, federal law caps U-Visas at only 10,000 approvals annually, creating a significant backlog. Today, it commonly takes 4–5+ years for an application to be fully approved. Once that process has taken place, it provides legal status, work authorization, and a potential path to permanent residency (i.e. a green card).
During that time, applicants can still be placed in removal (deportation) proceedings until the visa is approved.
Why Was the U-Visa Created?
Congress recognized that undocumented immigrants often hesitate to report crimes—especially domestic violence, sexual assault, trafficking, and other violent offenses—because they fear police involvement or immigration consequences. The U-Visa was designed to:
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- Encourage victims to seek help without fear of deportation
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- Strengthen criminal investigations
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- Provide humanitarian protection
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- Offer forgiveness for certain immigration violations and some criminal history
In short: the U-Visa is designed to protect those who protected their community by coming forward.
Eligibility Requirements for a U-Visa
Under federal law, there are six legal requirements for U nonimmigrant status.
1. Victim of a Qualifying Criminal Activity
Crimes include (but are not limited to): domestic violence, felonious assault, sexual assault, stalking, kidnapping, trafficking, false imprisonment, and more. To get a full list of qualifying crimes, click here.
2. Suffered Substantial Physical or Mental Abuse As a Result of the Crime
3. Possess Information About the Criminal Activity Useful to Law Enforcement
4. Helped or Will Assist in the Investigation or Prosecution
5. Crime Occurred in the U.S. or Violated U.S. Law
6. Be Admissible to the U.S.
If not admissible, applicants may apply for a waiver (Form I-192).
Benefits of a U-Visa
A U-Visa provides powerful protections and opportunities, including legal status for up to four years. One of the benefits of the visa is that it provides Work Authorization, allowing the individual to seek a legal path to employment. It is also considered one of the more generous forms of immigration relief, as it forgives certain immigration violations including unlawful entry and some criminal matters.
After 3 years in U-Visa status, applicants may apply for lawful permanent residency.
Depending on age and circumstances, spouses, children, parents, and even minor siblings may also qualify for derivative visas.
Critical Requirement: Your Name Must Be on a Police Report
One of the most important elements—often overlooked—is that your name must appear on the police report associated with the incident. Without this documentation, you cannot obtain the necessary law-enforcement certification (Form I-918B). Attorneys often file FOIA (Freedom of Information Act) requests to retrieve or confirm these records if clients do not have copies of the incident or police report of the crime in question.
The U-Visa Application Process
The process involves several steps. Once a police department, prosecutor, judge or specific government agency confirms you were a victim or helpful to a case, you can file a Form I-918B, and include:
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- A personal statement
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- Police reports
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- Evidence of abuse
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- Proof of cooperation with law enforcement
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- Waivers (if needed)
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- Identity documents
There is no filing fee for the U-Visa itself, but waivers and other forms may require fees.
The U-Visa is one of the most complex humanitarian visas available. Mistakes can delay your case by years—or lead to removal proceedings. That is why it is important to hire an experienced attorney who will help you navigate through police departments, communicate with law enforcement, prepare a legally strong application and file any necessary waivers.
Michigan-Specific Considerations
Michigan does not have statewide sanctuary protections. This means that local police departments may notify ICE during routine encounters. This makes the U-Visa even more critical for immigrant victims in Michigan.
The state also recognizes domestic violence as both a criminal and civil matter. Victims often seek:
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- Personal Protection Orders (PPOs)
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- Criminal charges against abusers
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- Police documentation that supports U-Visa eligibility
Many Michigan prosecutors—in Wayne, Oakland, and Macomb county—regularly sign U-Visa certifications when victims cooperate, but the process is not guaranteed. An attorney’s relationship and legal advocacy often help secure the needed signature.
Conclusion
U-Visa exists to protect immigrant victims of crime who bravely assist law enforcement, offering them a path toward safety, stability, and eventually permanent residency (green card). However, the process is legally demanding and emotionally challenging—especially in a state like Michigan where sanctuary protections do not apply and law enforcement may involve immigration authorities.
If you or someone you know has been a victim of a crime and believes they may qualify for U-Visa protection, seeking legal counsel is one of the most important steps you can take.
If you or a family member need information regarding a specific case or the assistance of experienced attorneys fighting for people like you every day, call our 24-7 English-Spanish line at 248.951.2450 or reach out to us at Atiya Law