The U visa may be denied

Like other visas, the U visa may be denied if certain requirements are not met. Therefore, it is key to have adequate legal support to avoid critical mistakes.

At Lluis Law, our immigration lawyers in Los Angeles are committed to protecting your rights and helping you achieve the protection you deserve. Contact us today for a confidential consultation.

Why could a U visa be denied in 2025?

Typically, USCIS may deny a U visa if the applicant does not meet the established requirements. Common reasons for visa denial include:

• Failure to provide sufficient evidence: Your application may be rejected if you do not provide the necessary documentation to prove that you were the victim of a qualified crime.
• Failure to cooperate with authorities: One of the main requirements of a U visa is to cooperate with authorities in the investigation or prosecution of a crime. Failure to demonstrate this cooperation may result in your application being denied.
• Having a criminal record or immigration violations: Some crimes or violations of immigration laws may make you inadmissible.

Criminal records and immigration violations are the most common reasons for denial. However, in some cases, it is possible to apply for a waiver of inadmissibility to overcome these issues and move forward with your immigration process. 

What is a bona fide determination in U visas?

A bona fide determination is a preliminary evaluation that USCIS performs on U visa applications. 

If the application is complete and there are no prior convictions that pose a risk to public or national security, the applicant may receive certain benefits while awaiting a final decision on their visa. For example, an employment authorization.

Note: DHS considers an application bona fide if it includes a number of required documents and no security risks are identified after a background check.

How to prevent a U visa denial?

Aside from meeting the basic requirements, there are certain things you can do to increase your chances of approval and avoid mistakes that could lead to denial:

• Gather all documents that prove you were the victim of a crime that qualifies for a U visa.
• Make sure you submit a complete and well-organized application.
• Collaborate with authorities in the investigation or prosecution of the crime.
• Avoid violations of immigration laws during the process.

While following these steps can help, each scenario is different. If you have questions or need assistance with your application, it’s a good idea to consult with one of our immigration professionals.

How does the U visa work and where can I apply for it?

The U visa is applied for directly from USCIS, so the process begins with the submission of Form I-918 along with the corresponding evidence.

It’s important to know that this process can take several months or even years. This is due to the high volume of applications and the annual limit on available U visas, which can create waiting lists even for those who qualify.

How long should I wait to reapply for a U visa?

There’s no specific deadline for reapplying for a U visa after a denial. However, it’s essential to: 

• Review the reasons for rejection; 
• Correct the mistakes; and 
• Evaluate whether it is possible to submit a new application or appeal the decision.

In some cases, it will also be necessary to wait for visas to become available, as the annual quota is limited.

What are the differences between the U visa and VAWA?

Both the U visa and the VAWA visa offer protection to immigrants who are victims of abuse or crime. However, their requirements and benefits are different:

• U Visa: This visa is intended for individuals who have been victims of certain crimes and who cooperate with authorities in the investigation or prosecution. It also grants an employment authorization and temporary residence in the United States.
• VAWA Visa: Protects spouses, children, or parents of citizens or lawful permanent residents who have suffered abuse. Unlike the other visa, it does not require cooperation with law enforcement and allows for applications for a Green Card.

Both options are valuable for people in vulnerable situations, but each has specific criteria.

Can I apply for a VAWA visa while I’m processing my U visa?

In some cases, it is possible to apply for a VAWA visa while a U visa application is being processed, provided the applicant meets the requirements for both categories. They can even be filed simultaneously. 

Of course, each visa is evaluated separately and has different criteria, so one can be approved or denied without affecting the outcome of the other. 

What crimes make an individual eligible for a U visa?

The U visa is granted to victims of certain serious crimes, known as qualifying crimes, as defined by U.S. immigration law. Some of the most common are:

• Sexual abuse.
• Sexual harassment.
• Aggravated assault.
• Murder.
• Organized crime (racteeering).
• Extortion.
• Falsification.
• Perjury.
• Prostitution.
• Kidnapping.
• Torture.
• Human trafficking.
• Domestic violence.

Foreign nationals who have been victims of human trafficking may be eligible for a T visa. This visa offers protection to those who have suffered exploitation and are seeking to rebuild their lives in the United States.

Can I get a Green Card with a U visa?

The U visa does not automatically grant lawful permanent residence, as it is a temporary visa. 

Despite this, it allows you to remain in the United States for up to four years, with the option to extend in some cases. 

After a few years in U status, and if certain requirements are met, the holder may be eligible to apply for a Green Card or adjust status.

What requirements must I meet to obtain a U visa extension?

The U visa has an initial duration of up to four years, but can be extended if certain conditions are met. To apply for an extension, you must met the following criteria:

• Currently being a victim of a qualified crime and having cooperated with the authorities.
• Continue to cooperate with the investigation or judicial process, if requested.
• Demonstrate that your presence in the US is still necessary for the investigation or prosecution.
• Not having violated immigration laws, such as working without authorization.
• Submitting Form I-539 along with the required supporting documents.

If these requirements are not met, the extension request may be rejected.

What can I do if the authorities refuse to sign the certification?

The law does not require authorities to sign the certification required for a U visa. In fact, if they believe you are no longer useful to the investigation or are not cooperating as expected, they may refuse to sign it.

However, if the denial seems unfair, an attorney can intervene and inform the agency about the importance of U status in your case.

Frequently asked questions On how can a U visa May be denied

Does the U visa allow you to work in the United States?

Yes. U visa holders and certain family members may be permitted to work in the US.

How long does the U visa process take?

The U visa process can take more than five years due to the annual limit of 10,000 visas and the backlog of applications. 

USCIS is currently processing cases filed since July 2016, reflecting an average wait of more than seven years in most cases.

What happens if I am denied a U visa?

If your U visa application is denied, your immigration status does not change. This means that if you were already in the country without documents, you will remain in an irregular status and may be at risk of being detained or deported.

Can I reapply for a U visa if I am denied?

You can appeal the decision or submit a new application, as long as the reasons for the rejection are addressed.

Who can apply for a U visa?

Individuals who have been victims of crimes such as domestic violence, sexual abuse, human trafficking, or kidnapping can apply for this visa. However, they must cooperate with the authorities. 

Contact our expert U visa immigration attorneys

Now that you have a better understanding of whether a U visa may be denied and the options available to you, we invite you to contact our immigration attorneys in Los Angeles. 

At Lluis Law, we can help you strengthen your application and protect your rights at every stage of the process.