Victims of certain crimes in the United States may be eligible for immigration protection through the U Nonimmigrant Visa (U Visa) program. The U Visa was created to help victims of serious crimes who have suffered physical or mental abuse and are willing to assist law enforcement in the investigation or prosecution of those crimes.
Many individuals often ask an important question: Can I still apply for a U Visa if the crime happened years ago? The answer is — it depends. While there is no strict time limit on when a person can apply for a U Visa, several factors play an important role in determining eligibility.
Understanding the U Visa Purpose
The U Visa helps protect victims of certain qualifying crimes and encourages them to cooperate with law enforcement. It also offers a path toward lawful permanent residence for those who meet the requirements.
To qualify, the applicant must demonstrate:
- They were a victim of a qualifying crime in the United States.
- They suffered substantial physical or mental abuse as a result of the crime.
- They possess credible information about the criminal activity.
- They assisted or are likely to assist law enforcement in the investigation or prosecution.
Eligibility for Older Cases
Even if a crime occurred many years ago, an individual may still qualify for a U Visa — but proper documentation is essential. Law enforcement certification is a critical part of the process. Applicants need to show some form of official record, such as a police report, court document, or investigative record.
If there was never a report filed at the time of the incident, it can make the case more complex. Some crimes have statutes of limitation that affect whether a police department can now take a report. In other cases, the agency may still be able to verify the event or create a record for immigration purposes. Each case is unique and should be reviewed carefully with the help of an experienced immigration attorney.
Certification Requirement
To apply for a U Visa, the applicant must obtain Form I-918, Supplement B, signed by a law enforcement agency, prosecutor, judge, or another government authority. This certification confirms that the person was a victim of a qualifying crime and was helpful—or is likely to be helpful—in the investigation or prosecution.
When crimes occurred long ago, agencies may hesitate to sign because the case is closed or they no longer need assistance from the victim. Skilled immigration lawyers can communicate with the agency, explain the U Visa process, and clarify that the law allows certification even for older cases.
Family Members and Timing
Applicants can include certain family members in their U Visa petition, but eligibility depends on their status at the time of filing:
- Spouses and unmarried children under 21 may be included.
- If a child has aged out or a marriage has ended by the time of filing, that dependent may no longer qualify.
This is why timing is important for applicants who are coming forward many years after the original incident.
Key Takeaways
If you were a victim of a crime that occurred a long time ago, here are some important points to consider:
- There is no statute of limitations for filing a U Visa.
- You must have an official record (police report, court document, etc.) to demonstrate eligibility.
- Law enforcement certification is required to proceed.
- Each case is different, and professional legal advice can make a significant difference.
How NPZ Law Group Can Help
At Nachman Phulwani Zimovcak (NPZ) Law Group, P.C., our attorneys assist crime victims in preparing strong U Visa petitions. We help collect supporting evidence, coordinate with law enforcement agencies, and ensure all requirements are met to improve the chances of approval.
For guidance on U Visa eligibility, or to discuss your case confidentially, contact our office today.
Call: 201-670-0006 (ext. 104) and Email: info@visaserve.com
Visit: www.visaserve.com
FAQ: U Visa for Crimes That Happened Long Ago
Q: Is there a deadline to apply for a U Visa?
No. You can apply even if the crime occurred many years ago, as long as evidence and certification are available.
Q: What if I never reported the crime?
Without a record, eligibility can be difficult, but you may still consult an attorney to explore possible next steps.
Q: Can my family be included?
Yes, spouses and unmarried children under 21 may be included if they meet eligibility at the time of filing.