For many survivors of serious crimes, the U visa offers a path to legal status, safety, and stability in the United States. However, while the U visa program is designed to protect victims who cooperate with law enforcement, getting approved is far from guaranteed.
At Kasturi Law, LLC, our Illinois immigration attorneys help clients avoid the most common pitfalls that lead to U visa denials—and build strong, compelling cases that meet the government’s strict criteria.
What Is a U Visa?
The U visa is a nonimmigrant visa available to victims of certain qualifying crimes who have suffered substantial physical or mental abuse and are willing to assist law enforcement in the investigation or prosecution of that crime. If approved, the U visa provides protection from deportation, work authorization, and a path to a green card.
However, U visas are subject to an annual cap, and the application process is complex and heavily scrutinized. Small mistakes—or a lack of compelling evidence—can result in denial or lengthy delays.
Common Reasons U Visa Applications Are Denied
Applying for a U visa can be a life-changing step for victims of serious crimes, offering protection, work authorization, and a path to lawful permanent residency. However, the process is not without obstacles. Understanding the most common reasons U visa applications are denied can help you avoid setbacks and strengthen your case from the beginning.
They include:
Lack of a Proper Law Enforcement Certification (Form I-918B)
One of the most critical parts of the U visa application is a law enforcement agency certification confirming that the applicant was helpful—or is likely to be beneficial—in a criminal investigation. Without this form, your application cannot move forward. If the form is incomplete, outdated, or not signed by the proper official, U.S. Citizenship and Immigration Services (USCIS) may deny the case.
Failure to Demonstrate Substantial Harm
The U visa is meant for victims who have suffered substantial physical or mental abuse. If your documentation doesn’t clearly show how the crime impacted you, through police reports, medical records, or psychological evaluations, your case may not meet the legal threshold.
Criminal or Immigration Violations
While some past violations can be waived, specific criminal histories, fraud, or previous immigration violations may require a waiver or could lead to denial. Failing to disclose or address this history in your application often leads to complications.
Inconsistent or Incomplete Statements
Your application must include a detailed personal declaration. If your statements about the crime or cooperation don’t align with the law enforcement report, or if key facts are missing, USCIS may question your credibility.
How to Build a Strong U Visa Case
At Kasturi Law, LLC, we approach every U visa case carefully and thoroughly.
Here’s how we help clients present a case that stands up to government scrutiny:
Secure and verify the I-918B certification from the correct law enforcement agency.
Document substantial harm through medical, mental health, and law enforcement records.
Prepare a compelling personal declaration that tells your story, honestly, and consistently.
Screen for inadmissibility issues early and file for waivers if needed.
Ensure all evidence is organized, consistent, and legally sound.
Facing U Visa Challenges? Kasturi Law Can Help.
If your U visa application has been denied—or you’re just getting started—don’t take chances with your future. At Kasturi Law, LLC, we understand what USCIS looks for and how to protect your case from preventable mistakes.
Contact us today to schedule a consultation and get the experienced legal guidance you need to move forward confidently. We make it easy to connect with our team in the way that works best for you—whether that’s a face-to-face meeting, a phone conversation, or a virtual appointment via Zoom. You can also book your consultation through our online scheduling tool and choose a 30- or 60-minute session based on your needs.
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