Last Updated: February 2026
If you are an immigrant who has been the victim of a crime or abuse in the United States, you may have heard about both the U Visa and VAWA as possible paths to legal immigration status. Both are powerful forms of protection created by Congress to help crime victims and abuse survivors, but they work very differently and have distinct eligibility requirements.
Choosing the right path — or understanding that you may qualify for both — can be the difference between years of waiting and a faster route to safety and stability.
This guide provides a detailed, side-by-side comparison of the U Visa and VAWA self-petition, explains who qualifies for each, and helps you understand which option (or combination of options) may be best for your situation. If you are in California, we also cover state-specific resources and how to find knowledgeable legal help near you.
Understanding the U Visa
What Is a U Visa?
The U Visa (formally known as the U nonimmigrant visa) was created by the Victims of Trafficking and Violence Protection Act of 2000. It provides immigration status to victims of certain qualifying crimes who have suffered substantial physical or mental abuse and who are helpful to law enforcement in the investigation or prosecution of the crime.
The U Visa serves two purposes: it protects victims of crime, and it encourages those victims to cooperate with law enforcement so that perpetrators can be brought to justice.
Who Qualifies for a U Visa?
To qualify for a U Visa, you must meet all of the following requirements:
- You are a victim of a qualifying crime that occurred in the United States or violated U.S. law
- You suffered substantial physical or mental abuse as a result of the crime
- You have information about the crime and have been, are being, or are likely to be helpful to law enforcement in the investigation or prosecution
- The crime violated U.S. federal or state law or occurred in the United States
- You are admissible to the United States (or can obtain a waiver of inadmissibility)
Qualifying Crimes for the U Visa
The U Visa covers a broad list of qualifying crimes, including but not limited to:
- Domestic violence
- Sexual assault and rape
- Human trafficking
- Kidnapping and abduction
- Felonious assault
- Stalking
- Torture
- Witness tampering
- Involuntary servitude
- Fraud in foreign labor contracting
- Blackmail and extortion
- Manslaughter and murder
- Perjury and obstruction of justice (when the victim is targeted)
- Female genital mutilation
- Abusive sexual contact
The list also includes attempts and conspiracies to commit any of these crimes, as well as similar criminal activity.
The Law Enforcement Certification Requirement
One of the most important requirements for the U Visa is the law enforcement certification (Form I-918, Supplement B). A qualifying law enforcement agency must sign this form certifying that you have been, are being, or are likely to be helpful in the investigation or prosecution of the qualifying crime.
Certifying agencies include:
- Local police departments
- County sheriff’s offices
- District attorney’s offices
- The FBI and other federal law enforcement agencies
- State attorney general offices
- Certain judges and family court officials
- Child Protective Services and Adult Protective Services (in some cases)
- The Equal Employment Opportunity Commission (EEOC) for certain labor crimes
Understanding the VAWA Self-Petition
What Is a VAWA Self-Petition?
The VAWA self-petition was created through the Violence Against Women Act (originally passed in 1994 and reauthorized multiple times since). It allows certain abuse survivors to file for a green card on their own, without the knowledge or participation of their abuser. Despite its name, VAWA protects survivors of all genders.
Unlike the U Visa, VAWA does not require cooperation with law enforcement and does not require a law enforcement certification.
Who Qualifies for VAWA?
- A qualifying relationship with your abuser: Your abuser must be your U.S. citizen or lawful permanent resident (LPR) spouse, parent, or adult child
- Battery or extreme cruelty: You were subjected to physical abuse, emotional abuse, psychological abuse, economic abuse, or other forms of extreme cruelty by your qualifying family member
- Good faith marriage (for spousal claims): You entered the marriage in good faith, not solely for immigration purposes
- Good moral character
- U.S. residence: You have lived in the United States with the abuser at some point and currently reside in the U.S.
For a comprehensive guide to the VAWA self-petition process, read our detailed article: VAWA Self-Petition: How Abuse Survivors in California Can Get a Green Card.
U Visa vs. VAWA: A Side-by-Side Comparison
The following table summarizes the key differences between the U Visa and VAWA self-petition:
| Feature | U Visa | VAWA Self-Petition |
|---|---|---|
| Who can apply | Victims of qualifying crimes | Abuse survivors with a qualifying family relationship to a U.S. citizen or LPR |
| Relationship to abuser required | No specific family relationship needed; the perpetrator can be anyone | Must be spouse, parent, or adult child of the abuser, and the abuser must be a U.S. citizen or LPR |
| Types of harm covered | Broad list of qualifying crimes (domestic violence, sexual assault, trafficking, kidnapping, stalking, and many more) | Battery or extreme cruelty by a qualifying family member (physical, emotional, psychological, economic abuse) |
| Law enforcement certification required | Yes — Form I-918 Supplement B must be signed by a qualifying agency | No — no law enforcement involvement required |
| Annual cap | Yes — 10,000 U Visas per year | No annual cap |
| Current wait time | Extremely long — the backlog exceeds 300,000 cases; applicants wait many years | Significantly shorter — no cap means cases are processed as they come in |
| Filing fee | None | None |
| Path to green card | Can apply for green card after 3 years in U status | Can apply for green card after I-360 approval (immediate relatives can often apply right away) |
| Abuser notification | The abuser is not notified, but law enforcement certification means a report has been made | USCIS is prohibited by law from contacting the abuser or disclosing any information |
| Work authorization | Available with a pending U Visa (bona fide determination) or approved U Visa | Available after I-360 approval |
| Immigration status of abuser | Irrelevant — the perpetrator can be anyone of any immigration status | The abuser must be a U.S. citizen or LPR |
| Protection from deportation | Deferred action available with pending case | USCIS generally exercises prosecutorial discretion not to deport VAWA petitioners |
| Form filed | I-918 | I-360 |
Key Differences Explained in Detail
1. The Relationship Requirement
This is often the most important distinguishing factor.
VAWA requires a specific family relationship: the abuser must be your U.S. citizen or LPR spouse, parent, or adult (21+) son or daughter. If your abuser is your boyfriend, employer, stranger, or a family member who is not a U.S. citizen or LPR, you do not qualify for VAWA.
The U Visa has no relationship requirement. The perpetrator can be anyone — a stranger, an employer, a partner, a family member, or anyone else. The crime just needs to have occurred in the United States or violated U.S. law.
2. The Law Enforcement Certification
VAWA does not require any interaction with law enforcement. You do not need a police report, a protective order, or a law enforcement certification. This is particularly important for survivors who were afraid to report, who faced language barriers, or who were told by their abuser not to contact police.
The U Visa requires a law enforcement certification (Form I-918, Supplement B). This means that a law enforcement agency, prosecutor, judge, or other qualifying official must certify that you were a victim of a qualifying crime and that you were, are, or are likely to be helpful in the investigation or prosecution.
Getting a law enforcement certification can be challenging. Not all law enforcement agencies are willing to sign certifications, and policies vary by jurisdiction. In California:
- Some progressive jurisdictions (like San Francisco) have established certification protocols
- Other jurisdictions may require more advocacy to obtain a certification
- An experienced attorney can help you identify the right agency and present your request effectively
3. The Annual Cap and Wait Times
This is one of the most practically significant differences.
4. The Path to a Green Card
With a U Visa, you must wait at least three years after receiving U nonimmigrant status before you can apply for a green card. Given the current backlog, the total time from filing to green card can be extremely long.
With VAWA, if your abuser is a U.S. citizen, you are classified as an immediate relative and can often apply for a green card shortly after your I-360 self-petition is approved. If your abuser is an LPR, there may be a waiting period based on visa bulletin dates, but it is still typically faster than the U Visa route.
5. Confidentiality Protections
Both VAWA and the U Visa provide protections, but VAWA’s confidentiality provisions are uniquely strong.
VAWA: Federal law (8 U.S.C. 1367) strictly prohibits USCIS from disclosing any information about a VAWA case to the abuser. USCIS cannot contact the abuser, cannot confirm or deny the existence of a petition, and anyone within the immigration system who violates this confidentiality can face disciplinary action.
U Visa: While your abuser is not directly notified of your U Visa application, the law enforcement certification process means that a report has been made to law enforcement. Depending on the crime and the investigation, the perpetrator may become aware that you have cooperated with law enforcement.
Can You Pursue Both a U Visa and VAWA?
There are good reasons to consider this approach:
- VAWA may provide faster results due to the lack of an annual cap
- The U Visa may serve as a backup in case the VAWA petition is not approved
- Different evidence requirements mean that evidence that does not support one claim may still support the other
However, dual filings also involve additional complexity and cost. An experienced attorney can advise you on whether pursuing both makes sense for your specific situation.
Other Forms of Immigration Protection for Crime Victims
Beyond the U Visa and VAWA, other forms of relief may be available depending on your circumstances:
T Visa (Trafficking Victims)
The T Visa is available to victims of severe forms of human trafficking. Like the U Visa, it requires cooperation with law enforcement (with some exceptions for trauma). The T Visa has an annual cap of 5,000 but has not historically reached that cap.
VAWA Cancellation of Removal
If you are in removal (deportation) proceedings and you qualify as an abuse survivor, you may be eligible for VAWA cancellation of removal under Section 240A(b)(2) of the INA. This requires three years of physical presence in the United States and a showing that removal would result in extreme hardship.
Asylum
If the abuse you suffered is connected to one of the five protected grounds (race, religion, nationality, political opinion, or membership in a particular social group), you may also qualify for asylum. Some domestic violence survivors have successfully obtained asylum, though these claims require careful legal analysis.
Special Immigrant Juvenile Status (SIJS)
If you are under 21, unmarried, and have been abused, neglected, or abandoned by one or both parents, you may qualify for Special Immigrant Juvenile Status, which provides a path to a green card through the juvenile court system.
How to Decide: A Framework for Choosing Between U Visa and VAWA
Use the following questions to start narrowing down which form of relief may be right for you:
1. Is your abuser a U.S. citizen or lawful permanent resident spouse, parent, or adult child?
- If yes: You may qualify for VAWA (and potentially a U Visa too)
- If no: VAWA is not available; consider the U Visa or other options
2. Were you the victim of a qualifying crime listed in the U Visa statute?
- If yes: You may qualify for a U Visa
- If no, but you suffered domestic abuse from a USC/LPR family member: Consider VAWA
3. Are you willing and able to cooperate with law enforcement?
- If yes: The U Visa is a strong option
- If no: VAWA does not require law enforcement cooperation
4. How urgent is your need for a green card?
- If very urgent: VAWA typically provides a faster path to permanent residence
- If you can wait: The U Visa may be viable, though the wait is long
5. Do you have documentation of a police report or law enforcement involvement?
- If yes: This supports a U Visa application (and can also strengthen a VAWA case)
- If no: VAWA does not require police reports
This is a starting framework, not a final determination. Immigration cases are fact-specific, and the right strategy depends on the totality of your circumstances. We strongly recommend consulting with a knowledgeable immigration attorney before making a decision.
California-Specific Resources for Crime Victims and Abuse Survivors
Legal Assistance
- Bueno Immigration — Offices in San Diego and San Rafael serving all of California. Call (415) 582-1608.
- Legal Aid Society of San Diego — Free legal services for domestic violence survivors
- Bay Area Legal Aid — Serves the San Francisco Bay Area and North Bay
- Coalition of Humane Immigrant Rights (CHIRLA) — Los Angeles-based organization providing immigration legal services
- California Rural Legal Assistance (CRLA) — Serves immigrant communities in the Central Valley and rural California
Crisis Resources
- National Domestic Violence Hotline: 1-800-799-7233 (multilingual support available)
- RAINN (Rape, Abuse & Incest National Network): 1-800-656-4673
- National Human Trafficking Hotline: 1-888-373-7888
- California Victim Compensation Board: Provides financial assistance to crime victims for medical expenses, counseling, lost wages, and more
Law Enforcement Certification Assistance
If you need a law enforcement certification for a U Visa, the following California agencies have established protocols:
- Many California district attorney offices have victim-witness assistance programs that can help with U Visa certifications
- Some California police departments have designated officers for U Visa certification requests
- An experienced attorney can identify the right certifying agency and advocate on your behalf
Frequently Asked Questions
Can men file for VAWA?
Yes. Despite its name, VAWA protects survivors of all genders. Men who have been abused by their U.S. citizen or LPR spouse, parent, or adult child can file a VAWA self-petition.
What if my abuser lost their green card or citizenship?
If your abuser was a U.S. citizen or LPR at the time the abuse occurred, you may still qualify for VAWA even if they have since lost their status. The law looks at the abuser’s status at the time of the qualifying relationship and abuse. Specific rules and time limitations apply, so consult with an attorney.
Can I apply for a U Visa if the crime happened years ago?
There is no strict statute of limitations for filing a U Visa, but the law enforcement certification must confirm that you have been helpful, are being helpful, or are likely to be helpful. If the crime occurred many years ago and the case is closed, obtaining a certification may be more challenging but is not necessarily impossible.
What happens if my VAWA case is denied?
If your VAWA self-petition is denied, you may be able to file a motion to reopen or reconsider with USCIS. You may also have other immigration options available, such as the U Visa. An attorney can evaluate your options after a denial.
Do I need to be in the United States to file?
For VAWA, you generally need to be residing in the United States at the time of filing, although there are exceptions for certain military-related cases. For the U Visa, you may be able to file from abroad in some circumstances. Consult with an attorney about your specific situation.
Take Action: Protect Your Rights and Your Future
Whether you qualify for a U Visa, VAWA, or both, taking the first step can feel overwhelming. You may be afraid, uncertain, or exhausted from what you have been through. That is completely understandable. What matters is that legal protections exist for you, and there are people who can help you access them.
Bueno Immigration provides trilingual support in English, Spanish, and Portuguese. Our dedicated team serves abuse survivors and crime victims throughout California, from San Diego to San Francisco, Los Angeles to Fresno, and everywhere in between.
Call (415) 582-1608 WhatsApp Us
Visit our offices in San Diego or San Rafael
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Immigration law is complex and changes frequently. The information in this article reflects the law as of February 2026 and may not reflect subsequent changes. Every case is different, and the outcome of your case will depend on your specific facts and circumstances. Reading this article does not create an attorney-client relationship with Bueno Immigration or any of its attorneys. If you need legal advice about your immigration situation, please contact a qualified immigration attorney. If you are in immediate danger, please call 911 or the National Domestic Violence Hotline at 1-800-799-7233.
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