To qualify for U status, must:

• be the victim of a certain qualifying crime (see list below) that occurred in the U.S.;
• have suffered substantial physical or mental abuse as a result of the crime;
• have information about the crime;
• have been, are or likely to be helpful in the investigation or prosecution of the crime
• obtain a certification from law enforcement* that you were the victim of the crime and were helpful in the investigation or prosecution of the crime;
• and show that you are otherwise eligible to obtain lawful status (are “admissible” to the U.S.) or qualify for a waiver (like a pardon).

Police, prosecutor, judge (criminal/family etc.), or other agency with authority to detect, investigate, or prosecute the qualifying criminal activity, or convict or sentence the perpetrator, such as child protective services, the Equal Employment Opportunity Commission, NYC Human Rights Commission, and federal and state Departments of Labor.

A current investigation, the filing of charges, a prosecution, or a conviction are not required to sign the law enforcement certification

These are the crimes that might qualify you for U status, if you were the victim and met other requirements:

• Abduction
• Abusive Sexual Contact
• Blackmail
• Domestic Violence
• Extortion
• False Imprisonment
• Female Genital Mutilation
• Felonious Assault
• Fraud in Foreign Labor Contracting
• Hostage
• Incest
• Involuntary Servitude
• Kidnapping
• Manslaughter
• Murder
• Obstruction of Justice
• Peonage
• Perjury
• Prostitution
• Rape
• Sexual Assault
• Sexual Exploitation
• Slave Trade
• Stalking
• Torture
• Trafficking
• Witness Tampering
• Unlawful Criminal Restraint
• Other Related Crimes*†

*Includes any similar activity where the elements of the crime are substantially similar.

†Also includes attempt, conspiracy, or solicitation to commit any of the above and other related crimes.

With U status, you can:

• obtain a work permit and a Social Security Number;
• apply for lawful permanent residence (green card) after three years in U status;
• apply for U status for certain family members;
• can help avoid deportation from the U.S.

U status has certain limitations:

• It is temporary. It is only valid for only 4 years but could be extended under certain circumstances. After 3 years, you can apply for a green card.
• There is an annual limit. The U.S. government can only grant T status to 10,000 applicant’s each year. There is already a long wait list, which means it will take a decade or longer from the time you apply to receive U non-immigrant status. However, those placed on the waitlist can receive work authorization and deferred action (low priority for removal).
• It can be risky to travel outside the U.S. even with U status.
• Applying for a U can be more complicated if you have your own criminal history or have violated immigration laws.

Under NYC Executive Order 41, NYC agencies are prohibited from asking you about your immigration status unless necessary to determine your eligibility for a certain benefit/service or if they are investigating illegal activity.

NYPD’s policy is to not inquire about the immigration status of crime victims, witnesses, or others who call or approach the police seeking assistance.

As noted above, it might take many, many years for you to actually get U status due to the 10,000 annual limit

The U.S. government will do an initial review of your application after it’s filed and can issue a “bona fide determination,” which means the application was properly completed with all required initial documents and background checks don’t indicate a threat to national security.

With a “bona fide determination,” an applicant is eligible for work authorization/social security number and deferred action (low priority for removal) until a final decision is made.

You can apply for a U even if you are currently in Immigration Court, and even if an Immigration Judge has already ordered your removal (deportation).

These are other resources that might be helpful for those interested in knowing more about U status on the website for The Mayor’s Office of Immigrant Affairs 

If you are or know someone who may be a victim of domestic violence or gender-based violence, visit the website for the Mayor’s Office to End Domestic and Gender-Based Violence.

If you live or work in New York City, you can call The Mayor’s Office of Immigrant Affairs (MOIA) Immigration Legal Support Hotline at 800-354-0365 or call 311 and say “Immigration Legal”, between 9:00 AM to 6:00 PM, Monday to Friday, for legal help with applying for U non-immigrant status or to explore other potential immigration options for which you may be eligible.  

You can also visit their website for more detailed information.  

The information in this document has been prepared by The Legal Aid Society for informational purposes only and is not legal advice. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. You should not act upon any information without retaining professional legal counsel.