USCIS Form I-918: A Step-by-Step Overview

USCIS Form I-918 is a crucial resource for victims of certain crimes seeking temporary immigration relief in the United States. This form allows eligible individuals to apply for U Nonimmigrant Status, commonly known as a U Visa. The U Visa is designed to protect victims who have suffered significant physical or mental harm due to criminal activity and are willing to assist law enforcement or government officials in investigating or prosecuting those crimes.

For many noncitizens, Form I-918 provides a pathway to safety and stability in the U.S., especially for those afraid to come forward due to their immigration status. The application process emphasizes collaboration between victims and law enforcement, ensuring justice while offering victims a chance to rebuild their lives.

Form I-918 is not a standalone document. Applicants often need to submit two essential supplements: Supplement A and Supplement B. Supplement A allows applicants to include qualifying family members in their petition, while Supplement B certifies the applicant’s cooperation with law enforcement. Together, these documents form the backbone of a U Visa petition.

What is Form I-918?

Form I-918 serves as the official petition for individuals seeking U Nonimmigrant Status. Its purpose is to provide a safe haven for victims of specific criminal activities who demonstrate that they have assisted or are willing to assist law enforcement in addressing those crimes. This form recognizes the hardships victims face and ensures their cooperation is acknowledged and rewarded.

Qualifying Criminal Activities

The crimes covered by Form I-918 are serious offenses that often involve significant harm or exploitation. They include:

• Abduction

• Domestic violence

• Sexual assault

• Human trafficking

• Felonious assault

• Murder

• Witness tampering

• Perjury

• Blackmail

• Extortion

This list is not exhaustive, and similar criminal activities may also qualify. The key requirement is that the crime must violate U.S. laws or have occurred in the United States, including U.S. territories, Indian country, or military installations.

Eligibility Criteria

To qualify for U Nonimmigrant Status, applicants must meet specific conditions:

1. Victim of a Qualifying Crime: The individual must have suffered substantial physical or mental abuse as a result of the crime.

2. Possession of Information: The applicant must possess knowledge about the criminal activity.

3. Assistance to Law Enforcement: The applicant must be willing to help law enforcement officials in the investigation or prosecution of the crime. This cooperation is documented in Supplement B.

4. Crime’s U.S. Nexus: The criminal activity must have violated U.S. law or occurred within the U.S.

Key Supplements of Form I-918

Supplement A

Supplement A allows applicants to include qualifying family members in their petition. This ensures that the immediate family of the principal petitioner also benefits from the protections and opportunities offered by the U Visa.

Purpose

The primary purpose of Supplement A is to extend the scope of U Nonimmigrant Status to close family members who might otherwise remain vulnerable. This includes spouses, children, and other qualifying relatives, depending on the petitioner’s age.

Eligibility Criteria

Eligibility for family members varies based on the principal petitioner’s age:

If the principal petitioner is under 21 years old, they can include their spouse, children, parents, and unmarried siblings under 18 years old.

If the principal petitioner is 21 years or older, they can include only their spouse and unmarried children under 21 years old.

Key Information Required

When completing Supplement A, applicants must provide detailed information about each family member, including:

• Full legal name and aliases.

• Date and place of birth.

• Relationship to the petitioner.

• Immigration history and current status.

Supplement B

Supplement B, known as the U Nonimmigrant Status Certification, is a critical part of the Form I-918 process. This document must be completed and signed by a certifying official, such as a law enforcement officer, prosecutor, or judge.

Purpose

The certification verifies that the applicant has been helpful, is currently helpful, or is likely to be helpful in the investigation or prosecution of a qualifying crime. It establishes the applicant’s cooperation, which is essential for U Visa eligibility.

Role of Certifying Officials

Certifying officials confirm the applicant’s involvement in the case and the value of their assistance. Their certification is valid for six months and must be submitted alongside the main Form I-918.

Requirements for Submission

To ensure successful submission of Supplement B:

• It must be signed by an authorized official.

• The information provided must align with the details in Form I-918.

• The form must be submitted within the validity period of the certification.

Process and Requirements for Filing

Step-by-Step Process

1. Complete Form I-918: Gather all required information and documents, ensuring accuracy and completeness.

2. Prepare Supplements: Fill out Supplement A and have Supplement B completed by a certifying official.

3. Compile Evidence: Include all supporting documents, such as police reports, medical records, and personal statements detailing the harm suffered.

4. Submit the Application: Mail the completed forms and evidence to the USCIS Nebraska Service Center.

Filing Details

Where to File

Applications must be sent to the USCIS Nebraska Service Center. The mailing address depends on the carrier used (USPS or courier services such as FedEx, UPS, or DHL). Refer to the latest USCIS instructions for precise addresses.

Applicants must provide:

• Evidence of the qualifying crime.

• Proof of substantial physical or mental harm.

• Evidence of cooperation with law enforcement.

• Personal statement describing the crime and its impact.

• Translations of any documents not in English, certified for accuracy.

Filing Fee and Waivers

There is no filing fee for Form I-918 or its supplements. However, applicants may need to file Form I-192 to waive certain inadmissibility grounds, which requires a fee.

Biometric and Identity Verification

USCIS may require applicants to attend a biometric services appointment. During this process, fingerprints, photographs, and signatures are collected to verify identity and conduct background checks. Applicants must attend this appointment to avoid delays or denials.

By following these steps and providing the required documents, applicants can improve their chances of successfully obtaining U Nonimmigrant Status.

Translation Requirements for Form I-918

Applicants must include certified English translations for any document submitted in a foreign language. Translations are necessary to ensure USCIS understands the content and can fairly evaluate the application.

Specific Documents Requiring Translation

- Evidence of Criminal Activity: Any police reports, court documents, or related materials.

- Personal Statements: Written narratives or affidavits describing the harm experienced.

- Family Documentation (Supplement A): Birth certificates, marriage licenses, or other proof of familial relationships.

Certification Requirements for Translations

Each translation must include a certification from the translator. The certification must state:

• The translation is complete and accurate.

• The translator is competent in both the original language and English. It should include the translator’s name, signature, and contact information.

Common Pitfalls and How to Avoid Them

• Incomplete Forms or Missing Signatures: Always review your application for completeness. Missing signatures or unanswered questions can lead to rejections.

• Submitting Outdated Forms: Check the USCIS website to ensure you are using the latest version of Form I-918 and its supplements.

• Insufficient Evidence: Include all required supporting documents. Double-check that translations are certified and align with USCIS standards.

• Translation Inconsistencies: Ensure consistency across translated documents to avoid discrepancies that might raise questions about their authenticity.

Rights and Benefits for Applicants

• Work Authorization: U Visa recipients can apply for employment authorization. Principal petitioners often receive authorization automatically upon U Visa approval.

• Path to Lawful Permanent Residence: After holding U Nonimmigrant Status for three years, recipients may be eligible to apply for a Green Card.

• Protections for Family Members: Family members included in Supplement A gain similar protections, including potential eligibility for work authorization and a path to permanent residence.

• Legal Safeguards: Applicants benefit from protections against deportation while their petition is under review, ensuring their cooperation with law enforcement is not penalized.

Filing and Processing Timelines

USCIS prioritizes petitions demonstrating immediate harm or significant law enforcement interest. However, processing times vary.

Statutory Caps

The U Visa program has an annual cap of 10,000 principal visas. Eligible applicants not immediately granted a visa are placed on a waiting list and granted deferred action.

Bona Fide Determination and Waiting List

USCIS may issue work authorization and deferred action to applicants with bona fide petitions while they wait for visa availability. This ensures applicants can work and live safely during the waiting period.

Conclusion

USCIS Form I-918 is a lifeline for victims of serious crimes, providing protection and a pathway to stability. By following the process carefully and seeking legal assistance when needed, applicants can navigate the system with confidence. USCIS remains committed to supporting victims and fostering cooperation with law enforcement to ensure justice and safety for all.